People v. Harris CA1/5

Filed 3/3/21 P. v. Harris CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, A160176 Plaintiff and Respondent, v. (Lake County Super. Ct. Nos. CR951548 & ZACHARY TERRY HARRIS, CR953824) Defendant and Appellant.

Zachary Terry Harris (appellant) appeals from a judgment following his no contest pleas to three counts in two cases. Appellant’s counsel has raised no issue on appeal and asks this court for an independent review of the record to determine whether there are any arguable issues. (Anders v. California (1967) 386 U.S. 738; People v. Wende (1979) 25 Cal.3d 436.) Appellate counsel advised appellant of his right to file a supplementary brief to bring to this court’s attention any issue he believes deserves review. (People v. Kelly (2006) 40 Cal.4th 106.) Appellant has not filed such a brief. We have reviewed the record, find no arguable issues, and affirm the judgment.

1

BACKGROUND In August 2018, appellant was charged by information in Case No. CR951548 with reckless evasion of a pursuing police officer (Veh. Code, § 2800.2, subd. (a)); misdemeanor possession of marijuana for sale (Health & Saf. Code, § 11359, subd. (b)); and misdemeanor driving with a suspended or revoked license (Veh. Code, § 14601.1, subd. (a)). In January 2019, appellant made a Marsden1 motion which was denied; at the next hearing, appellant made another Marsden motion which was granted. In March 2019, a consolidated information was filed in the same case adding the following counts: failure to appear while on bail (Pen. Code, § 1320.5); reckless evasion of a pursuing peace officer while driving opposite to traffic (Veh. Code, § 2800.4, subd. (a)); reckless evasion of a pursuing police officer (Veh. Code, § 2800.2, subd. (a)); possession of a billy (Pen. Code, § 22210); and additional misdemeanors. Later that month, appellant pled no contest to one count of reckless evasion of a pursuing police officer in exchange for dismissal of the remaining counts and a stipulated sentence of three years in state prison. According to the probation report, after an officer stopped appellant’s vehicle, he drove away at speeds up to 85 miles per hour in a 55 miles per hour zone, failed to yield to traffic or signal before turning, and drove around a police car blocking his way. Following the plea, appellant was released on his own recognizance prior to sentencing. He failed to appear at the next court date and a bench warrant issued for his arrest. In May 2019, appellant was charged in Case No. CR953824 with reckless evasion of a pursuing peace officer while driving opposite to traffic