Filed 1/22/18 P. v. Hilsabeck CA1/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

Defendant Jefferson Hilsabeck was placed on mandatory supervision after a jury convicted him of a felony count of driving or taking a vehicle without consent and a misdemeanor count of resisting, obstructing, or delaying a peace officer.[1] His appellate counsel has asked this court for an independent review of the record to determine whether there are any arguable issues. (People v. Wende (1979) 25 Cal.3d 436.) Taper was informed of his right to file a supplemental brief and did not do so. We conclude there are no arguable issues and affirm.

The evidence presented at Hilsabeck’s trial supports the two convictions. The information charged that on or about November 27, 2015, Hilsabeck drove a Lexus without its owner’s consent and with the intent to deprive the owner of title or possession and resisted a police officer in the discharge of the officer’s duties. At trial, the Lexus’s owner testified that on the night of November 27, he visited his cousin at the cousin’s business in Richmond. The owner parked the car in front of the business, left it running and unlocked, and went inside. A few minutes later, the owner saw a man near his car and went outside, and the man walked away. The owner went back inside the business and soon “heard the car take off.” He looked outside to see the back of his car disappearing down the street.

The Lexus’s owner and his cousin pursued the Lexus in the cousin’s car. The owner called 911 and relayed the Lexus’s location as he and his cousin followed it. The Lexus eventually pulled over to park, and police officers immediately arrived at the scene. One of the responding officers testified that he noticed a man, later identified as Hilsabeck, getting out of the Lexus. The officer ordered Hilsabeck to get down on the ground, but Hilsabeck started running. The officer pursued Hilsabeck on foot, and Hilsabeck eventually stopped running after more officers arrived. He was then taken into custody without incident.

The trial court found that Hilsabeck had previously been convicted of two felonies, one of which was serious or violent. At the sentencing hearing, the court struck the prior strike for sentencing purposes and revoked and reinstated Hilsabeck’s probation in another case. The court then sentenced him to the aggravated term of three years for the felony and a concurrent term of six months for the misdemeanor. It imposed a split sentence of 110 days in county jail, which he had already served, suspended the remainder of the sentence, and placed him on mandatory supervision for two years and 255 days, subject to several terms and conditions. He was also ordered to pay various fines and fees.

There are no meritorious issues to be argued on appeal. Hilsabeck was represented by counsel below, substantial evidence supports his convictions, and no error appears in the jury instructions or in the sentencing proceedings.

The judgment is affirmed.

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Humes, P.J.

We concur:

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Dondero, J.

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Banke, J.