People v. Epperson CA3

Filed 12/21/15 P. v. Epperson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

THE PEOPLE, C076892

Plaintiff and Respondent, (Super. Ct. Nos. 13F4652 & 13F5009) v.

DANIEL LYNN EPPERSON,

Defendant and Appellant.

Appointed counsel for defendant Daniel Lynn Epperson has asked this court to review the record to determine whether there exist any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment. I 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.)

1

On October 3, 2013, defendant was charged by information in case No. 13F5009 with receipt of a stolen motor vehicle (Pen. Code, § 496d, subd. (a) -- count 1)1 and receipt of stolen property (§ 496, subd. (a) -- count 2). The information also alleged that, as to both counts, defendant served a prior prison term. (§ 667.5, subd. (b).) On October 4, 2013, defendant was charged by information in case No. 13F4652 with kidnapping for carjacking (§ 209.5, subd. (a) -- counts 1, 21, 30, & 38), kidnapping for robbery (§ 209, subd. (b) -- counts 2, 22, & 39), criminal threats (§ 422 -- counts 3, 27, & 33), preventing or dissuading a witness or victim from testifying (§ 136.1, subd. (a)(1) -- counts 4, 34, & 44), false imprisonment by violence (§ 236 -- counts 5, 26, 36, & 43), carjacking (§ 215, subd. (a) -- counts 6, 13, 23, 29, & 42), kidnapping (§ 207, subd. (a) -- counts 7, 24, 32, & 40), second degree robbery (§ 211 - counts 8, 14, 25, 31, & 41), carrying a loaded firearm with intent to commit a felony (§ 25800 -- count 9), unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a) -- counts 10, 19, 37, & 45), receiving a stolen motor vehicle (§ 496d, subd. (a) -- count 11), possession of an injecting or smoking device (Health & Saf. Code, former § 11364.1 -- count 12), attempted kidnapping for carjacking (§§ 664/209.5 -- count 15), attempted kidnapping for robbery (§§ 664/209, subd. (b) -- count 16), attempted kidnapping (§§ 664/207, subd. (a) -- count 17), possession of a firearm by a felon (§ 29800, subd. (a) -- counts 18 & 35), receipt of stolen property (§ 496, subd. (a) -- count 20), and battery (§ 242 -- count 28). With the exception of counts 12 and 28, all of the charged offenses were felonies. The information also alleged as follows: As to counts 1 through 11, 13 through 27, 29 through 34, and 36, defendant suffered one prior felony conviction (§ 667.5, subd. (b));