People v. Suares CA2/4

Filed 11/12/21 P. v. Suares CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B310203 (Los Angeles County Plaintiff and Respondent, Super. Ct. No. BA347720)

v.

JESSE SUARES,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Laura F. Priver, Judge. Affirmed. Hancock and Spears and Alan E. Spears, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

This is the fourth appeal by defendant and appellant Jesse Suares in this case. In the third appeal, this court remanded the matter, “(1) to permit the trial court an opportunity to exercise its discretion to strike the [Penal Code 1] section 667, subdivision (a) enhancement; (2) to provide [appellant] an opportunity to demonstrate his inability to pay fees and assessments; and (3) to order the trial court to correct the abstract of judgment to reflect the proper amount of assessments.” (People v. Suares (July 10, 2020; B294317) [nonpub. opn.] at pp. 2–3 (Suares).) On remand, the trial court declined to exercise its discretion to strike the section 667, subdivision (a) enhancement, stayed all fines and assessments and corrected the abstract of judgment. Appellant’s appointed counsel has asked this court to review the record and determine if there are any arguable appellate issues. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding none, we affirm the trial court’s order denying appellant’s request to strike a prior strike.

BACKGROUND AND DISCUSSION “[I]n October 2008, [appellant] pointed a loaded gun at someone and referred to a gang. He then drove away and was pursued by the police until he crashed and injured several people. [Appellant] fled the crash scene on foot and fought with officers who pursued him. Following his arrest, the police found cash and methamphetamine near