People v. Grisso CA1/3

Filed 7/6/21 P. v. Grisso CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, A160801 v. (Alameda County JASON GENE GRISSO, Super. Ct. No. 19-CR-017326)

Defendant and Appellant.

Defendant Jason Grisso appeals from a judgment of conviction and sentence after a jury convicted him of reckless evasion of an officer (Veh. Code, § 2800.2). His counsel filed a brief requesting this court independently review the appellate record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) to determine whether there are any arguable issues on appeal. After independently reviewing the record, we conclude there are no reasonably arguable issues, and we affirm. BACKGROUND In November 2019, California Highway Patrol attempted to stop Grisso, who was driving a Mustang weaving back and forth in the lanes, driving onto the shoulder and into the adjacent lanes. The officers put on their forward-facing red lights, but instead of yielding, Grisso accelerated rapidly onto a freeway entrance. The officers activated their siren. But Grisso continued to evade the officers for eight miles, using all lanes of traffic and driving between 90 and 103 miles per hour even though the speed limit 1

was 65 miles per hour. Other CHP vehicles joined the pursuit. Grisso then exited the freeway, ran a red light, and drove on the wrong side of the road, even though another civilian car was on the road. The officers ultimately stopped Grisso by performing a “pursuit immobilizing technique” maneuver— driving the front of the patrol car into the rear quarter panel of the pursued vehicle to cause the vehicle to spin out. Officers arrested Grisso after he exited the driver’s side of the car. A search of the vehicle yielded metal knuckles on the driver’s side of the car. Grisso was charged with reckless evasion of an officer (Veh. Code, § 2800.2, subd. (a) count 1), speeding over 100 miles per hour (Veh. Code, § 22348, subd. (b), count 2), and possession of metal knuckles (Pen. Code, § 21810, count 3). The information specially alleged Grisso had served three prior prison terms for felony convictions, an allegation the court later struck. (§ 667.5, subd. (b).) A jury found Grisso guilty of count 1, but not guilty of the remaining counts. The court sentenced Grisso to state prison for the middle term of two years. The court also imposed a $300 restitution fine, and it awarded Grisso 183 days of presentence custody credit, and 183 days credit for time served while on post-release community supervision. DISCUSSION Grisso’s appointed counsel filed a Wende brief raising no issues. His counsel also informed Grisso of his right to file a supplemental brief, but he has not filed any brief. We have independently reviewed the record for errors and find there are no meritorious issues to be argued on appeal. 1