People v. Cruz CA5

Filed 11/18/15 P. v. Cruz 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F069831 Plaintiff and Respondent, (Tulare Super. Ct. No. PCF284151) v.

RONALD THOMAS CRUZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Kathryn T. Montejano, Judge. Jill M. Klein, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Poochigian, J. and Detjen, J.

INTRODUCTION Appellant/defendant Ronald Thomas Cruz pleaded guilty to felony evasion of an officer while operating a motor vehicle. He was sentenced to the indicated term of 16 months. 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 affirm. FACTS1 “[O]n June 7, 2013, at approximately 2:03 p.m., an officer [with the Porterville Police Department] attempted to conduct a traffic stop on the defendant’s vehicle for reckless driving; however, he failed to yield and a pursuit ensued. The defendant failed to stop at posted stop signs, failed to stop at red traffic lights, and was weaving in and out of traffic. The defendant continued to drive at a high rate of speed and continued to disregard the safety for other drivers on the road. The officer received orders to terminate the pursuit due to the defendant’s reckless driving. “A short time later, officers located the defendant’s vehicle abandoned in the parking lot of North Stonegate Cove. Officers searched the area to find the defendant; however, they were met with negative results. Officers searched the vehicle and located several forms of identification for the defendant. On June 11, 2013, a complaint was filed by the District Attorney’s Office and on July 22, 2013, the defendant was arrested.” Procedural History As noted, on June 11, 2013, an amended felony complaint was filed against defendant in the Superior Court of Tulare County, charging him with count I, felony evading an officer while operating a motor vehicle with a willful and wanton disregard for the safety of others (Veh. Code, § 2800.2, subd. (a)); and count II, misdemeanor