People v. Hicks CA1/1

Filed 3/1/22 P. v. Hicks CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, Plaintiff and Respondent, A163283 v. JESSE DANIEL HICKS, (Sonoma County Super. Ct. Nos. SCR-739439-1, Defendant and Appellant. SCR-739595-1)

After defendant Jesse Hicks entered pleas in two cases and was sentenced to nine years, four months in prison, he appealed without seeking a certificate of probable cause. Hicks’s appellate counsel asked the court for an independent review of the record under People v. Wende (1979) 25 Cal.3d 436 (Wende). After independently reviewing the record and considering a supplemental brief submitted by Hicks, we find no arguable issues and affirm. I. FACTUAL AND PROCEDURAL BACKGROUND On June 14, 2020, while a Sonoma County sheriff’s deputy was chasing a stolen vehicle in which Hicks was a passenger, Hicks threw two metal car

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jacks into the deputy’s path.1 The deputy subsequently ended the pursuit. Later the same day, a Santa Rosa police officer initiated a traffic stop of a vehicle driven by Hicks. Hicks drove away at high speed, and the ensuing chase also ended before he could be caught. The following month, Hicks was located and arrested. For his actions as a passenger in the first vehicle, he was charged in case no. SCR-739439-1 with felony counts of assault with a deadly weapon on a peace officer, throwing an object at a vehicle with intent to do great bodily injury, and accessory after the fact to evading a peace officer.2 For his actions as the driver of the second vehicle, he was charged in case no. SCR-739595-1 with a felony count of evading a peace officer.3 In both cases, a prior strike was alleged based on a 2012 robbery.4 Under a plea agreement, Hicks pled no contest to the assault count in case no. SCR-739439-1 and the evading count in case no. SCR-739595-1 and admitted the prior strike in both cases. In exchange, his potential total sentence was capped at nine years, four months, and the remaining counts were dismissed.