People v. Wyatt CA1/4

Filed 2/26/16 P. v. Wyatt CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, Plaintiff and Respondent, A144604 v. RUDOLPH WILLIAM WYATT, (Marin County Super. Ct. No. SC189769A) Defendant and Appellant.

I. INTRODUCTION Appellant Rudolph William Wyatt appeals from a judgment of conviction for receiving stolen property. He argues that the trial court abused its discretion in imposing conditions of mandatory supervision requiring that he submit to periodic chemical testing for nonprescribed drugs and alcohol, and that he participate in substance abuse treatment or counseling. We conclude the conditions were reasonably related to Wyatt’s rehabilitation and the prevention of future crimes, and therefore, we affirm. II. FACTUAL AND PROCEDURAL BACKGROUND On June 19, 2014, a College of Marin Police officer received a call that two individuals had their bags stolen while playing tennis. The bags contained personal items, money, and an iPhone. The victims used another iPhone to track the location of the missing phone. Officers tracked the phone and followed Wyatt, who was riding a bicycle and carrying a “Head” tennis bag. Despite officers using the lights on their cars,

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Wyatt ignored and evaded them. Wyatt was ultimately located in a building near the Larkspur Ferry hiding in a closet. He was found with the victims’ property and another bag taken from a motorcycle parked on campus, and a backpack. The total value of the stolen items was approximately $3,000. The Marin County District Attorney’s Office filed an information charging Wyatt with receipt of stolen property in violation of Penal Code section 496, subdivision (a),1 grand theft of personal property in violation of section 487, subdivision (a), resisting a peace officer in violation of section 148, subdivision (a)(1), and disobeying a peace officer in violation Vehicle Code section 2800, subdivision (a). The information alleged Wyatt had 10 prison prior convictions. Wyatt pleaded guilty to receiving stolen property and admitted two prison prior convictions. Wyatt was released on his own recognizance and ordered to appear for sentencing on December 11, 2014. Wyatt failed to appear and a warrant was issued for his arrest. On March 18, 2015, Wyatt pleaded guilty to failure to appear, in violation of section 1320, subdivision (b), and admitted he violated the terms of his plea agreement. The probation department’s presentence report noted that Wyatt had been convicted of a narcotics offense in 1997, charged with a narcotics offense in 2003, and suffered a parole violation for a narcotics offense in 2004. The report concluded that Wyatt had “significant difficulty staying in compliance.” “Since his release from prison, the defendant has repeatedly absconded from [supervision] resulting in eight warrants being issued. He has served three [] revocation jail terms, four ‘flash’ incarcerations and failed to complete directed programs.” The report documented Wyatt’s use of methamphetamine in January 2015 and that he had a “meth pipe” when he was arrested on that occasion. He admitted to using marijuana on a daily basis. The report concluded that Wyatt has failed to take advantage of prior grants of probation, and the prognosis for his rehabilitation was “poor” due to his