People v. McGehee CA1/5

Filed 9/16/22 P. v. McGehee CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for pur- poses of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, v. A164647 ROBERT JAMES McGEHEE, JR., Defendant and Appellant. (Solano County Super. Ct. No. VCR234765)

Robert James McGehee, Jr., appeals after the trial court revoked his probation. His court-appointed counsel has filed a brief seeking our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 to determine whether there are any arguable issues on appeal. We find no such issues and affirm.

BACKGROUND

V.F. was driving on a Vallejo street when McGehee pointed what appeared to be a gun at her face, told her not to do anything stupid, and ordered her to open her car window. He said he was angry because someone had killed his dog. Still pointing the gun at her, McGehee pulled V.F. toward him and kissed her on the cheek and forehead. When another car approached from behind, McGehee released V.F. and walked toward it with his gun.

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A.L. was driving with his young daughter in the back seat when he saw McGehee standing in the middle of the road. McGehee pointed his gun at A.L. and approached the car. A.L. immediately backed up and drove away.

Responding officers arrested McGehee at the scene. A realistic-looking airsoft gun was under a parked car about two feet from where he had been standing. A neighbor reported that he heard what he thought were fireworks coming from down the street. When he looked, he saw McGehee shooting at passing vehicles. The neighbor’s wife saw McGehee shooting at and hitting passing cars with his gun.

McGehee was charged with felony false imprisonment by violence (Pen. Code, § 236; count one), misdemeanor brandishing a replica gun (Pen. Code, § 417.4; count two), and misdemeanor throwing substances on vehicles (Veh. Code, § 23110, subd. (a); count three). He was properly advised of his trial rights and pled no contest to count one. The parties stipulated to a factual basis for the plea; the court noted he was aware of the facts from having presided over the preliminary hearing. On October 28, 2019, the court placed McGehee on three years’ probation with 180 days in county jail and dismissed the remaining charges pursuant to a Harvey waiver. (See People v. Harvey (1979) 25 Cal.3d 754.)