People v. Felix CA3

Filed 5/17/16 P. v. Felix CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE,

Plaintiff and Respondent, C079418

v. (Super. Ct. No. CM040638)

BRIAN JASON FELIX,

Defendant and Appellant.

Appointed counsel for defendant Brian Jason Felix asked this court to review the record and determine whether there are 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.

1

I The facts are taken from the probation report as stipulated by the parties. On February 13, 2014, sheriff’s deputies attempted a traffic stop of defendant’s vehicle for a nonfunctioning brake light. Defendant, who was on parole at the time, failed to stop, leading deputies on a high-speed chase reaching speeds in excess of 80 miles per hour and running posted stop signs and traffic lights. A spike strip was deployed in an attempt to disable defendant’s car, but after driving over the spike strip defendant continued to flee with officers in pursuit. Defendant eventually lost control of the car and spun out. He was detained, along with his passenger, Kayla Cernas. During a search of the vehicle, deputies found a backpack containing 76.4 grams of methamphetamine divided into five different packages, along with packaging materials, a digital scale, two glass methamphetamine smoking devices, marijuana cigarettes, 1,373 grams of marijuana divided into six different packages, a cell phone, and a pistol holster. Officers subsequently conducted a parole compliance search of defendant’s car and discovered, among other things, indicia of defendant’s ownership of the vehicle and a small pouch containing brass knuckles and several folding knives. Defendant was charged by amended information with felony evading an officer with willful disregard (Veh. Code, § 2800.2, subd. (a) – count 1), sale, offer to sell, or transportation of a controlled substance (Health & Saf. Code, § 11379, subd. (a) – count 2), offer to sell or transportation of marijuana (Health & Saf. Code, § 11360, subd. (a) – count 3), possession of metal knuckles (Pen. Code, § 21810 – count 4)1, and misdemeanor alcohol-related reckless driving (Veh. Code, §§ 23103 & 23103.5 – count 5). Count 5 was added at the plea hearing via the People’s motion to modify the amended information. The amended information alleged defendant suffered two prior