People v. Mendoza CA5

Filed 3/24/22 P. v. Mendoza 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F082155 Plaintiff and Respondent, (Super. Ct. No. BF169604A) v.

JOSE MENDOZA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. David R. Zulfa, Judge. C. Athena Roussos, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Detjen, J. and Meehan, J.

Appointed counsel for defendant José Mendoza asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. Defendant did not respond. Finding no arguable error that would result in a disposition more favorable to defendant, we affirm. BACKGROUND On September 1, 2017, defendant stopped his car, pulled a gun, and pointed it at a man’s face because the man asked him to slow down in the neighborhood. A neighbor intervened and defendant left. After defendant drove away, the man called the sheriff’s department. Deputies later found defendant driving the same car and towing a stolen trailer. Defendant fled and was arrested. The deputies found a loaded handgun, methamphetamine, and “bump” keys for picking locks. On April 6, 2018, deputies recognized defendant while he was driving another vehicle. The deputies attempted to conduct a traffic stop, but defendant fled, accelerating up to 100 miles per hour, running a red light, and weaving through traffic. The deputies were unable to stop defendant. The next day, defendant arrived at a man’s residence in the same vehicle and shot the man three times on the driveway. On April 9, 2018, deputies went to a trailer park to find defendant. They spotted him, but he fled. When they approached, he threatened them physically. Several deputies were able to arrest him. Retracing his steps, they found a loaded firearm. On June 4, 2019, the trial court granted in part defendant’s Pitchess1 motion for discovery.