People v. McGuire CA1/2

Filed 7/28/15 P. v. McGuire CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A143576 v. DENNIS VINCENT MCGUIRE, (San Francisco City and County Super. Ct. No. SCN222710) Defendant and Appellant.

Dennis Vincent McGuire appeals from a final judgment convicting him of evading an officer with willful disregard (Veh. Code, § 2800.2, subd. (a)) following a plea of guilty to that charge. The appeal, based on grounds that arose after the entry of the plea, is authorized by rule 8.304(b)(4)(B) of the California Rules of Court. Appellant’s court- appointed counsel has filed a brief raising no legal issues and asking this court to conduct an independent review pursuant to People v. Wende (1979) 25 Cal.3d 436. Appellant was advised by counsel of his right to file a supplemental brief but he has not done so. FACTS1 On May 7, 2014, officers responding to a report of an “auto boost” near the intersection of Buchanan and Pine Streets were informed by a witness that she had seen men flee in a black Mercedes Benz in an unknown direction. According to the witness, the vehicle had previously been seen in the neighborhood and “it was usually associated

1 The facts are taken from the probation report filed with the superior court on January 14, 2015, which was in turn based on San Francisco Police Incident Report No. 140-383-128.

1

with auto boosts.” While driving down Buchanan Street looking for suspects, the officers were flagged down by another witness who said he was the one who had called the police and did so because he saw two suspicious persons using power drills to remove copper piping from a dwelling on Buchanan Street. This witness showed the officers a large strip of silicon tubing with copper wire inside that covered much of the sidewalk. The witness stated that men were using a drill to cut into the tubing. The men left the scene shortly before the police arrived and walked south on Buchanan Street. While the officers were conversing with this witness, a CPMC Sutter Health service van drove up and its occupants told the officers that two “unknown males” were ducking behind a parked vehicle near the Peace Plaza in Japantown, which was a block away. After driving in that direction the officers spotted the suspects and one of them gave chase on foot. The suspect eventually returned to the vehicle, in which the other suspect was waiting. The vehicle drove off but the two officers gave chase in their patrol car. Eventually the suspects pulled over and were taken into custody. One of the suspects was appellant. PROCEEDINGS BELOW On May 9, 2014, the San Francisco County District Attorney filed a complaint charging appellant with the commission of first degree burglary (Pen. Code, § 459) (count I); assault with a firearm (Pen. Code, § 245, subd. (a)(2)) (count II); receiving stolen property (Pen. Code, § 496, subd. (a)) (count III); vandalism (Pen. Code, § 594, subd. (b)(2)) (count IV); receiving stolen property (Pen. Code, § 496, subd. (a)) (count V); grand theft of personal property (Pen. Code, § 487, subd. (a)) (count VI); evasion of an officer with willful disregard (Veh. Code, § 2800.2, subd. (a)) (count VII); possession of burglary tools (Pen. Code, § 466) (count VIII); and driving with a suspended or revoked license (Veh. Code, § 14601.1, subd. (a)) (count IX). On August 20, 2014, after he sought discovery pursuant to Brady v. Maryland (1963) 373 U.S. 83, appellant pled guilty to count VII, willful evasion of an officer in violation of Vehicle Code section 2800.2, subdivision (a), based on an agreement he would receive the midterm sentence of two years in state prison. The court indicated it