People v. Long CA3

Filed 8/27/15 P. v. Long CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE, C077914

Plaintiff and Respondent, (Super. Ct. Nos. CM040282, CM040961) v.

DAVID EUGENE LONG,

Defendant and Appellant.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having reviewed the record as required by Wende, we found an error in the abstract of judgment that requires correction. Finding no other arguable error that would result in a disposition more favorable to defendant, we affirm the judgment. We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) BACKGROUND In February 2014 police officers were sent to a commercial plumbing business to investigate a burglary. The officers learned that a work truck, along with numerous tools

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including a pressure washer and drain snake, were stolen from the business. While interviewing the victim, the officers learned the truck had been located. Near the recovered truck, officers spoke to a witness who indicated that he saw defendant David Eugene Long park the stolen truck and walk to a nearby apartment. Officers arrested defendant as he was attempting to flee. The victim later identified defendant as a past employee who knew where the truck was stored and where the spare key could be found. The People subsequently charged defendant in Butte County Superior Court case No. CM040282 (case No. 282) with vehicle theft with two prior car thefts (Veh. Code, § 10851, subd. (a); Pen. Code, § 666.5), one count of felony receipt of stolen property (Pen. Code, § 496, subd. (a)), and one count of misdemeanor receipt of stolen property (Pen. Code, § 496, subd. (a)). The People also alleged that defendant had served two prior prison terms. On March 29, 2014, law enforcement was sent to investigate a single-car accident. The officer arrived at the scene of the accident and found a van with its sliding door open. Inside the van, the officer found defendant’s girlfriend, Rina Asby, under a pile of blankets. Asby was “severely injured and required immediate emergency care.” A witness indicated that a white man with thinning hair came to her home, told her there had been an accident, and asked her to call 911. Asby initially claimed not to know who was driving the van, but after the officer found methamphetamine and marijuana inside the van, Asby identified defendant as the driver. The officer quickly learned there was an arrest warrant out for defendant for failing to appear in case No. 282. Defendant was subsequently arrested and the People charged him in Butte County Superior Court case No. CM040961 (case No. 961) with leaving the scene of an accident (Veh. Code, § 20001, subd. (a)) and possession of methamphetamine, a controlled substance (Health & Saf. Code, § 11377, subd. (a)). The People further alleged that defendant had served three prior prison terms.