P. v. Weathers CA3

Filed 6/14/13 P. v. Weathers CA3 NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C072350

Plaintiff and Respondent, (Super. Ct. No. 11F06396)

v.

LARREL MARTIN WEATHERS,

Defendant and Appellant.

A jury found defendant Larrel Martin Weathers guilty of possession of a firearm by a convicted felon. (Pen. Code, § 12021, subd.(a)(1).)1 The trial court found that he had a prior serious felony conviction (§§ 667, subds. (b)-(i), 1170.12) and had served a prior prison term (§ 667.5, subd. (b)). A count of obstructing a peace officer (§ 148, subd. (a)(1)) was dismissed in the interest of justice. Defendant was sentenced to prison for seven years, consisting of twice the upper term of three years plus one year for the prison term. He was awarded 383 days of

1 Further statutory references are to the Penal Code unless otherwise indicated.

1

custody credit and 190 days of conduct credit, and ordered to pay a $1,000 restitution fine (§ 1202.4, subd. (b)), a $1,000 restitution fine suspended unless parole is revoked (§ 1202.45), a $40 court operations fee (§ 1465.8, subd. (a)(1)), a $30 court facilities assessment (Gov. Code, § 70373), a $340.01 booking fee and a $62.09 classification fee (Gov. Code, § 29550.2). FACTS On the morning of September 15, 2011, Sacramento Police Officer Scott Blynn was patrolling in a marked car. He saw defendant, on a bicycle, make two traffic violations: he rode on a sidewalk, and he failed to use proper hand signals. Blynn activated his overhead lights in order to perform an enforcement stop. When defendant failed to yield to the lights, Blynn activated his siren and in-car camera and chased after defendant. Blynn was not able to keep the bicycle in view the entire time he was chasing it. During the chase, Officer Blynn did not see defendant throw anything from the bicycle. Later, when he viewed the recording from the camera, Blynn noticed that, when they passed a high crime area, defendant‟s right hand had come off of the handlebars and had moved downward. After colliding with the patrol car, defendant abandoned the bicycle and ran down an alley, Blynn chased him down on foot and handcuffed him. Defendant explained that he had run because he believed his parole officer had issued an arrest warrant for him and he was en route to the parole officer. In fact, no warrant had been issued and the nearest parole office was more than 10 miles away. When arrested, defendant had a cellular telephone in his possession. Defendant acknowledged to Officer Blynn that the telephone belonged to him. Toua Lee testified that he resided in Sacramento along the route of Officer Blynn‟s pursuit. While in his garage on September 15, 2011, Lee heard sirens and saw the police chasing a Black man who was wearing dark clothes and riding a bicycle. As the bicycle passed by, at approximately 9:45 a.m., Lee heard something hit his lawn.