People v. Micklon CA1/4

Filed 6/23/22 P. v. Micklon CA1/4

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, Plaintiff and Respondent, A164452 v. (Solano County Super. Ct. RYAN CHASE MICKLON, No. FCR355891) Defendant and Appellant.

Defendant Ryan Chase Micklon appeals from a judgment imposed following his plea of guilty to a four-count complaint alleging felony theft of a vehicle (Veh. Code, § 10851, subd. (a)), misdemeanor fleeing police (Veh. Code, § 2800.1, subd. (a)), felony receipt of stolen property (Pen. Code, § 496d, subd. (a)), and misdemeanor resisting arrest (Pen. Code, § 148, subd. (a)(1)). He also pleaded guilty to two enhancements, a prior conviction for vehicle theft (Veh. Code, § 10851, subd. (a)), and a prior conviction for a serious or violent felony (Pen. Code, § 667, subds. (b)–(j)). Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 indicating that she has found no arguable issues and requesting that this court review the record independently. Counsel also informed Micklon of his right to file a supplemental brief, but Micklon did not file one. Additionally, Micklon failed to obtain a certificate of probable cause. We have independently reviewed the

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record and have found no meritorious issues warranting further briefing. We therefore affirm. I. BACKGROUND Micklon’s probation report provides the following factual background, which we need only briefly summarize. While police were on patrol, they noticed a vehicle slowly drive past them. Police followed the vehicle to perform a “records check” because it was the only vehicle driving through an evacuated area and because police had been receiving calls of looting in the area. When police conducted a traffic stop, the vehicle slowly drove to the side of the road and then proceeded into the abutting vegetation; the driver then exited the vehicle and fled on foot. Police lost sight of the suspect during the foot pursuit, but later noticed headlights turn on from another truck, and assisting officers noticed another truck drive in the opposite direction. When that other truck, a Ford F150, failed to pull over after police activated their lights, the driver “hid[] his face” as police drove by. This caused police to turn around and follow that vehicle. The F150 accelerated “up to 89” miles per hour until it “crashed into an open field and flipped upside down.” The driver, later identified as Micklon, was found “hiding in the field.” He was arrested without incident. Police subsequently determined that it was Micklon who had taken the first vehicle and fled on foot. Micklon admitted that he was under the influence of alcohol and methamphetamine that day and accepted full responsibility for his actions. On December 29, 2020, the People filed a complaint alleging the four violations and enhancements listed above. On February 5, 2021, Micklon pleaded no contest to the complaint on the condition that the court would strike his prior strike conviction and grant him probation. However, the