P. v. Townsend CA3

Filed 6/27/13 P. v. Townsend CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yolo) ----

THE PEOPLE, C071450

Plaintiff and Respondent, (Super. Ct. No. CR120322)

v.

TOBIAH ANDREW TOWNSEND,

Defendant and Appellant.

Convicted of two misdemeanor offenses after jury trial, defendant appeals. He contends that insufficient evidence supports his conviction for concealing evidence. The People disagree, and also argue that defendant’s appeal should be transferred to the appellate division of the Superior Court, a transfer which defendant opposes. As we will explain, we agree with defendant on both points. We decline to transfer the case, and shall modify the judgment to reflect defendant’s conviction for attempted concealing evidence. We affirm the judgment as modified.

1

FACTUAL AND PROCEDURAL BACKGROUND Evidence at Trial Davis Police Officer Peter Faeth was in uniform and on (marked) bicycle patrol at around 2:35 p.m. on January 26, 2012, when he saw defendant run a stop sign on a bicycle. Faeth identified himself and ordered defendant to stop. Defendant stopped and lifted his bicycle to the sidewalk while remaining astride the bike. Faeth asked defendant for identification; defendant had none. As Faeth dismounted his bicycle, defendant rode away quickly, accelerating to 15 to 20 miles per hour. Faeth pursued defendant and ordered him to stop. Defendant continued to flee, running a red light in heavy traffic and leaving the bicycle path. Faeth radioed a request for assistance to nearby motorcycle officer Jesse Dacanay. Dacanay activated his light and siren and ordered defendant to stop; defendant continued riding without slowing down. Defendant rode from the street to the sidewalk, and then to the bicycle path, where he reached down into his sock, removed an eyeglass case, and threw it about 30 feet over a fence into a grassy area. The case landed into a drainage area separated from the bike path by a six-foot chain link fence The pursuit continued until Dacanay drove his motorcycle in front of defendant and forced him to stop. Dacanay detained and handcuffed defendant, who had traveled about a mile and a half from the initial point of contact by Faeth. When Faeth arrived, Dacanay walked back about 50 yards, climbed the fence, and found the eyeglass case, which contained a hypodermic needle with methamphetamine in it Charges, Verdict, and Sentence The People charged defendant Tobiah Andrew Townsend by complaint filed on January 30, 2012 with two felonies--transportation of methamphetamine with a prior drug conviction (Health & Saf. Code, §§ 11379, subd. (a), 11370.2, subd. (c)) and possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a))--and two misdemeanors--