People v. Collins CA1/5

Filed 2/5/16 P. v. Collins CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A143878 v. QUINCY COLLINS, (Solano County Super. Ct. No. FCR307121) Defendant and Appellant.

Pursuant to a negotiated disposition, Quincy Collins entered pleas of no contest in separate matters to a felony violation of a Vehicle Code section 2800.2 and a misdemeanor violation of Penal Code section 273.5. Other charges and pending cases were dismissed. While Collins was released on bail pending sentence, he was again arrested. The court sentenced Collins to an aggravated term of three years in state prison on the felony violation. Assigned counsel has submitted a Wende brief,1 certifying that counsel has been unable to identify any issues for appellate review. Counsel also submitted a declaration confirming that Collins was advised of his right to personally file a supplemental brief raising any points which he wishes to call to the court’s attention. No supplemental brief has been filed. As required, we have independently reviewed the record. (People v. Kelly (2006) 40 Cal.4th 106, 109–110.) We find no arguable issues and affirm.

1 People v. Wende (1979) 25 Cal.3d 436.

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I. BACKGROUND AND PROCEDURAL HISTORY2 On April 26, 2014, a patrol officer observed Collins driving a vehicle. There was probable cause to arrest Collins on an unrelated matter. The officer was driving a fully marked police vehicle and was in full uniform. As Collins passed the patrol vehicle, he and the officer made eye contact. Collins accelerated away from the patrol vehicle and ran through a stop sign. The officer activated his lights and sirens. Collins drove at speeds reaching 65 miles per hour in residential areas. He ran through stop signs and a stop light with other vehicles and pedestrians in the area. Collins eventually parked and fled the vehicle, and he was pursued on foot. A canine unit was deployed, and Collins was located and taken into custody. Collins told the probation officer that when he fled, he was already out on bail in another matter and did not want to return to custody. On April 29, 2014, the Solano County District Attorney charged Collins by felony complaint with violations related to the events on April 26 as well as violations alleged to have occurred on April 19 (case No. FCR307121): evading an officer while operating a motor vehicle (Veh. Code, § 2800.2, subd. (a); Counts 1 & 5); child abuse or endangerment (Pen. Code, § 273a, subd. (a); Count 2); misdemeanor resisting an officer (id., § 148, subd. (a)(1); Counts 3 & 9); misdemeanor reckless driving (Veh. Code, § 23103, subd. (a); Count 4); misdemeanor possession of a controlled substance (Health & Saf. Code, § 11378; Count 6); possession of concentrated cannabis (id., § 11357, subd. (a); Count 7); possession of ammunition (Pen. Code, § 30305, subd. (a)(1); Count 8); and misdemeanor prowling (id., § 647, subd. (h), Count 10). It was further alleged that Collins was not eligible for county jail imprisonment due to a prior serious felony conviction. (Pen. Code, §§ 1170, subds. (f), (h)(3), 1385.) Collins entered a not guilty plea to all counts.