People v. Grissom CA5

Filed 8/13/15 P. v. Grissom CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F068880 Plaintiff and Respondent, (Kings Super. Ct. No. 13CM4651B) v.

STEVEN EUGENE GRISSOM, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Robert S. Burns, Judge. Julia K. Freis, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Kane, Acting P.J., Detjen, J. and Peña, J.

INTRODUCTION Appellant/defendant Steven Eugene Grissom was sentenced to six years pursuant to a negotiated disposition after pleading no contest to conspiracy to possess drugs in jail or prison (Pen. Code, §§ 182, subd. (a)(1), 4573.8).1 On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We order a limited remand for the superior court to determine if defendant’s custody credits were correctly calculated, and otherwise affirm. FACTS2 Case No. 13CM7534 On September 7, 2013, a deputy attempted to conduct a traffic stop on defendant because he was riding a bicycle against traffic and in the roadway. Defendant saw the deputy but refused to stop. He rode away, jumped off his bicycle and ran. The deputy followed on foot and ordered him to stop, but defendant kept running. The deputy caught up with him and defendant surrendered. Defendant was under the influence of methamphetamine. He was carrying a large paper bag which contained marijuana, methamphetamine, and narcotics paraphernalia. On the same day, defendant was arrested and booked into custody for possession of marijuana and methamphetamine and for resisting an officer. According to the probation report, defendant was held in jail on this case from September 7, 2013, to September 27, 2013. Case No. 13CM4651B In November 2013, several law enforcement organizations conducted an investigation into whether there was a conspiracy to smuggle narcotics into the Kings

1 All further statutory citations are to the Penal Code unless otherwise indicated. 2 The following facts are taken from the probation report and the prosecutor’s factual statement in support of the plea.