People v. Logan CA1/2

Filed 6/20/23 P. v. Logan CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, Plaintiff and Respondent, A166841 v. SEAN LOGAN, (Mendocino County Super. Ct. No. 22CR01031) Defendant and Appellant.

Defendant Sean Logan appeals from a judgment entered after he pled no contest to two felony counts of assault with a deadly weapon and one misdemeanor count of driving with a blood alcohol level in excess of .08 percent. Defendant’s court-appointed counsel has filed a brief asking this court for an independent review of the record under People v. Wende (1979) 25 Cal.3d 436. Defendant was informed of his right to file supplemental briefing. On June 9, 2023, defendant’s counsel on appeal filed with the court a one-page handwritten document counsel had received from defendant the day before, entitled “Supplement Brief.” We have reviewed counsel’s brief and defendant’s supplemental brief and have independently reviewed the record. We find no errors or other issues requiring further briefing. Accordingly, we affirm.

1

On August 4, 2022, defendant was charged by information with three felony counts of assault with a deadly weapon (a vehicle) (Pen.1 Code, § 245, subd. (a)(1); counts 1–3) and three misdemeanors: (false imprisonment (§ 236; count 4), driving under the influence of alcohol (Veh. Code, § 23152, subd. (a); count 5) and driving with a blood alcohol content of .08 percent or more (Veh. Code, § 23152, subd. (b); count 6). According to the preliminary hearing transcript, the incident giving rise to the current charges occurred on April 26, 2022, in Fort Bragg. Darin Hammond was coming out of a Safeway and talking to a friend when he was approached by a woman (Alicia Miller) who expressed fear about a man who was in her van in the Safeway parking lot and wanted Hammond’s help in removing him. Miller’s brother later arrived on the scene. The brother and Hammond went to the van where they encountered defendant and removed him from the van. According to Hammond, defendant was argumentative and claimed it was his van. Hammond saw defendant get into a vehicle next to the van and drive away. Hammond, Miller and her brother and others were then in the middle of the street between the Safeway and a Starbucks when defendant came “flying out of the Safeway parking lot” and, according to Hammond “trie[d] to run us over.” Defendant did a U-turn and returned and tried to hit them again. For purposes of the preliminary hearing, defense counsel stipulated that defendant’s blood alcohol content that night was .10 percent after driving. As part of a negotiated disposition, on September 22, 2022, defendant pled no contest to two felony counts of assault with a deadly weapon (counts 1 and 2, amended to strike the word “vehicle” from each count) and to a