People v. Thompson CA5

Filed 5/18/22 P. v. Thompson 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F083459 Plaintiff and Respondent, (Fresno Super. Ct. No. F21904830) v.

MICHAEL THOMAS THOMPSON, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Heather Mardel Jones, Judge. William D. Farber, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

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

INTRODUCTION Appellant and defendant Michael Thomas Thompson pleaded no contest to felony resisting an officer (Pen. Code, § 69)1 and was sentenced to four years in prison consistent with a negotiated disposition. 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.) We affirm. FACTS2 On June 16, 2021, a driver heading eastbound on Adams Avenue near Highway 41 in Fresno County saw a fire on the eastside of Highway 41. The driver saw a man, later identified as defendant, walking eastbound. The driver also saw a small fire that was growing, about five to 10 feet behind defendant. The driver believed defendant was setting fires in the area, called 911, and gave the man’s description. A deputy responded to the area and saw defendant, who matched the description. Defendant was smoking a cigarette, and he walked away from the patrol car and went into a vineyard. The deputy was advised that defendant was by a store. When the deputy tried to approach him, defendant took a “ ‘bladed stance’ ” and then ran into the vineyard.3 The deputy followed defendant in his patrol car. Defendant stopped, turned around, and quickly walked toward the patrol car with clenched fists. The deputy got out of his patrol car, attempted to talk to defendant, and told him to relax. Defendant continued to be verbally aggressive and tried to run in different directions.

1 All further statutory citations are to the Penal Code unless otherwise indicated. 2 The following facts are from the police report, as summarized in the probation report, to provide context for the parties’ arguments and the court’s findings at the sentencing hearing, as will be addressed below. 3 A “bladed stance” has been described as “ ‘a boxer’s stance, kind of one foot back, stable platform, kind of shoulder width apart, just preparing yourself to get into some kind of confrontation.’ ” (People v. Hendrix (2013) 214 Cal.App.4th 216, 230.)