P. v. Phimmasone CA4/1

California Court of Appeal Mar 5, 2013 No. D062561Unpublished

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Holding. The court affirmed the defendant's conviction and sentence after finding no reasonably arguable appellate issues upon independent review of the record pursuant to People v. Wende.

Issues

Whether jury instructions regarding identification and the evading offense were adequate.
Whether the court erred by failing to provide unanimity or lesser included offense instructions.
Whether the defendant received ineffective assistance of counsel or was improperly denied a Marsden motion.
Whether the defendant's prior conviction admissions were valid and the Romero motion denial was an abuse of discretion.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738 has disclosed no reasonably arguable appellate issues”

“The judgment is affirmed.”

Filed 3/5/13 P. v. Phimmasone CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D062561

Plaintiff and Respondent,

v. (Super. Ct. No. SCD240227)

AI PHIMMASONE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Joan P.

Weber, Judge. Affirmed.

Ai Phimmasone was convicted by a jury of felony evading a police officer (Veh.

Code, § 2800.2, subd. (a).)1 He waived jury trial on and admitted allegations he had

served four prior prison terms (Pen. Code § 667.5) and a prior strike conviction (Pen.

Code, § 667, subds. (b)-(i)). The court denied Phimmasone's motion under People v.

Superior Court (Romero) (1996) 13 Cal.4th 497 and sentenced him to a prison term of

1 All further statutory references are to the Vehicle Code unless otherwise specified.

nine years, consisting of the upper term of three years doubled for the current offense

under the three strikes law (Pen. Code, § 667, subds. (b)-(i)), plus three additional

consecutive one-year terms for three of Phimmasone's prior prison terms; the court struck

P. v. Phimmasone CA4/1

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COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D062561

AI PHIMMASONE,

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FACTS

DISCUSSION

DISPOSITION

AARON, J.

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