People v. Guerra CA5

Filed 6/16/21 P. v. Guerra CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F081388 Plaintiff and Respondent, (Kern Super. Ct. No. BF179515A) v.

DANIEL ALBERT GUERRA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Collette M. Humphrey, Burt Pines (Retired Judge of the L.A. Sup. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.), Michael G. Bush, Eric Bradshaw, and Judith K. Dulcich, Judges.† Rex Adam Williams, under appointment by the Court of Appeal, Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Poochigian, J. and Detjen, J. † Judge Humphrey presided over the pre-preliminary hearing; Judge Pines presided over the preliminary hearing; Judge Bush presided over the arraignment, Judge Bradshaw presided over the change of plea hearing; and Judge Dulcich negotiated readiness and presided over the sentencing hearing.

INTRODUCTION Appellant and defendant Daniel Albert Guerra pleaded guilty to carjacking and was sentenced to the indicated term of five years. On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm. FACTS On the morning of December 25, 2019, Christmas Day, James Branscomb parked his 2004 Jaguar XJ8 in front of the The Mark restaurant, near the Padre Hotel in Bakersfield. Mr. Branscomb, who was 84 years old, stayed in his car and waited for the restaurant to open. He was looking through his mail when he noticed that a man arrived on a bicycle, parked it in front of the restaurant, and looked at his Jaguar. The man approached the driver’s side window of his car. Mr. Branscomb rolled down his window because he thought the man was going to ask for change. Instead, the man told Mr. Branscomb that he wanted his car, and to get out or he would shoot him. Mr. Branscomb was afraid the man was going to harm him, so he got out of his car and gave the keys to him. The man got in and drove away in the Jaguar. Mr. Branscomb immediately called the police. A short time after the incident, the Jaguar was located, defendant was driving it, and he was taken into custody. Defendant was not in possession of a gun. As an officer placed defendant in handcuffs, he attempted to run away. An officer took Mr. Branscomb to the scene, read him the appropriate admonitions, and asked him to look at defendant. Mr. Branscomb said he believed defendant was the man who took his car, but he was not 100 percent sure. An officer advised defendant of the warnings pursuant to Miranda v. Arizona (1966) 384 U.S. 436, and he agreed to answer questions. The officer asked defendant if