People v. Miles CA2/1

Filed 6/28/24 P. v. Miles CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B325756

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA503181) v.

PRESTON ARELL MILES, JR.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Keith H. Borjon, Judge. Affirmed. Christopher W. Stansell, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ____________________________

Defendant Preston Arell Miles appeals his conviction of evading a police officer. His counsel filed a brief identifying no issues and requesting this court independently review the record pursuant to People v. Wende (1979) 25 Cal.3d 436, 442 (Wende). We independently review the record, find no arguable issue, and affirm.

BACKGROUND On February 16, 2022, defendant was driving a stolen black Mercedes. When police officers tried to stop him, defendant drove recklessly through a residential neighborhood and then proceeded onto the 101 Freeway. Defendant did not stop at stop signs, swerved in and out of lanes, drove at an unsafe speed, crossed double yellow lines, drove on the wrong side of the street, and drove on a sidewalk. Police pursued defendant in a marked black and white vehicle with red and blue lights and siren activated. One officer in a vehicle pursuing defendant testified that he was wearing a police uniform at the time of the pursuit. A second marked police vehicle followed the first, and a police helicopter tracked defendant from the air. The second marked vehicle also had its lights and sirens activated. Police terminated the pursuit when it became unsafe, but later captured defendant when alerted to his location by an officer in the police helicopter. After he was apprehended, defendant told police that he had ingested methamphetamine. A subsequent examination revealed he was not high on methamphetamine. While defendant was transported in the police vehicle, he was yelling at himself and appeared agitated. Defendant also talked very quickly. In an amended information, the People charged defendant with one count of reckless evading in violation of Vehicle Code