Filed 10/16/18 P. v. Ollison CA1/4

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

Defendant John Ollison appeals from the judgment following his contested probation violation hearing. Defendant’s appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, identifying no issues and requesting that this court review the record and determine whether any arguable issue exists on appeal. We have done so and we affirm.

BACKGROUND

On January 4, 2017, defendant pleaded guilty to one count of first degree burglary. The trial court imposed a four-year prison term and suspended execution of the sentence. Defendant was placed on probation for three years, subject to various conditions, including that he report to probation and that he obey all law.

On June 27, 2017, the probation department filed a motion to revoke based on defendant’s failure to report to probation and new violations of several laws. Defendant failed to appear and a bench warrant was issued. Following an altercation at a homeless shelter, defendant was taken into custody on August 7, 2017.

A contested probation revocation was hearing held on December 8, 2017. Sergeant Brian Stansbury of the San Francisco Police Department testified that on August 4, 2017, he was dressed in plain clothes with his police star visible on his jacket, when he went to the Episcopal Community Services to speak with Michael Santiago, who had reported that he had been robbed. Santiago pointed towards defendant, who was entering the shelter and identified him as the perpetrator. Although initially compliant with the detention and pat-down search, defendant refused to tell the officer his name and tried to walk away, despite the officer telling him he was not free to leave. After being advised that he was under arrest, defendant twisted away from the officer’s grasp and walked into the shelter’s lobby. A chase ensued, with the officer yelling at defendant to stop; the officer sprayed defendant with pepper spray at least two times. Defendant ran out of the shelter, where he was apprehended by other officers who had been called in as backup. The incident was video-recorded by the shelter’s security camera, played in court, and admitted into evidence by stipulation of the parties.

The trial court found that defendant violated probation and imposed the previously suspended four-year sentence, with 508 days of credit for time served and conduct credits.

DISCUSSION

Defendant appealed from the judgment after the contested revocation hearing. We appointed counsel to represent defendant in this matter. After examining the record, counsel filed a Wende brief raising no issues on appeal and requesting that we independently review the record. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised of the opportunity to file a supplemental brief; he filed no brief. We have examined the entire record and are satisfied that defendant’s attorney has complied with his responsibilities and that no arguable issue exists. (People v. Kelly (2006) 40 Cal.4th 106, 110–111; People v. Wende, at p. 441; see also Smith v. Robbins (2000) 528 U.S. 259, 278.)

DISPOSITION

The judgment is affirmed.

_________________________

REARDON, J.

We concur:

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STREETER, Acting P. J.

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LEE, J.^*

^* Judge of the Superior Court of California, County of San Mateo, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

A153368, People v. Ollison