People v. Lindeman CA1/3

Filed 12/16/20 P. v. Lindeman CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, Plaintiff and Respondent, A158944 v. LUKE LINDEMAN, (Napa County Sup. Ct. No. CR184609) Defendant and Appellant.

Luke Lindeman (appellant) appeals from a judgment in which he was placed on three years of probation after a jury convicted him of two felony counts of resisting an executive officer (Pen. Code, § 69)1 and one misdemeanor count of resisting or obstructing a peace officer (§ 148) and the trial court convicted him of two Vehicle Code infractions. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 and requests that we conduct an independent review of the record. Appellant was informed of his right to file a supplemental brief and did not do so. Having reviewed the record, we conclude there are no issues that require further briefing and affirm the judgment.

1All further undesignated statutory references are to the Penal Code.

1

FACTUAL AND PROCEDURAL BACKGROUND An information filed December 4, 2017 charged appellant with two felony counts of resisting an executive officer (§ 69), one misdemeanor count of resisting or obstructing a peace officer (§ 148), and three Vehicle Code infractions. Appellant pleaded not guilty. The trial court denied appellant’s various pre-trial motions including a motion to dismiss, a motion to compel discovery, and a motion to admit certain evidence at trial. The court also head and denied appellant’s motion to represent himself (People v. Marsden (1970) 2 Cal.3d 118). At the jury trial, Napa police officer Aaron Medina testified he was on traffic enforcement duty on September 7, 2017. At 6:30 or 7:00 p.m., he noticed a Ford diesel pickup truck emitting excessive exhaust, then noticed the truck had no rear license plate. He pulled the truck over and walked up to speak to the driver, later identified as appellant. Medina noticed there was a lot of “clutter” and “property” inside the truck. Medina was planning to give appellant a ticket and release him, but when he asked appellant for his driver’s license, appellant responded, “maybe.” As Medina continued to question appellant, appellant gave a lot of “non answers.” At that point, Medina asked appellant to turn off his truck, but appellant refused to do so. Medina was not able to obtain any identification from appellant. Appellant then called someone and made statements during the call that led Medina to believe he was preparing to flee. Medina told appellant he could not leave, gave him several warnings, and eventually told him he was under arrest for resisting and obstructing a peace officer. Medina called for assistance, and a number of officers including Sergeant Cole of the Napa County Sheriff’s Department arrived to assist him. With Cole’s help, Medina