People v. Figueroa CA5

Filed 9/2/15 P. v. Figueroa 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F068787 Plaintiff and Respondent, (Super. Ct. No. SF017389A) v.

MICHAEL FIGUEROA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Gary T. Friedman, Judge. Lindsay Sweet, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Michael P. Farrell, Assistant Attorney General, Stephen G. Herndon and Peter W. Thompson, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

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

A jury convicted appellant Michael Figueroa of unlawful transportation of methamphetamine (count 2/Health & Saf. Code, § 11379, subd. (a)),1 possession of methamphetamine (count 3/Health & Saf. Code, § 11377, subd. (a)), resisting arrest (count 5/Pen. Code, § 148, subd. (a)(1)), and possession of drug paraphernalia (count 6/ Health & Saf. Code, § 11364.1). On appeal, Figueroa contends: (1) the court erred by its failure to dismiss count 2; and (2) the minute order for his sentencing hearing does not accurately memorialize the court’s oral pronouncement of judgment. We find merit to Figueroa’s first contention and conclude that his second contention is moot. FACTS On June 22, 2013, Estevan Lopez parked his truck at a market in Shafter and left it unlocked with the keys in the ignition while he went inside. Five minutes later, he came out of the store to find the truck being driven away. Shafter Police Sergeant Gustavo Olvera spotted the truck and chased it at speeds of up to 70 miles an hour. The truck eventually crashed into an almond tree and the driver fled on foot. A Kern County sheriff’s deputy in a helicopter saw a suspicious man near a home where a party was underway and directed Deputy Phillip Garza to contact him. Deputy Garza saw Figueroa running by the home and began chasing him. Figueroa discarded a sweatshirt that was later found to contain a glass pipe for smoking methamphetamine. He eventually stopped running, dropped to his knees, and placed his hands over his head. When Deputy Garza tried to handcuff him, Figueroa pulled away and tried to run away again but Deputy Garza was able to knock him down.