P. v. Sephers
Filed 7/31/06 P. v. Sephers CA1/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. JEROME SEPHERS, Defendant and Appellant. | A111962 (San Mateo County Super. Ct. No. SC058478A) |
Counsel appointed for defendant Jerome Sephers has asked this court to independently examine the record in accordance with People v. Wende (1979) 25 Cal.3d 436, to determine if there are any arguable issues that require briefing. We have conducted that review, conclude there are no arguable issues, and affirm.
Our examination[1] reveals that at approximately 1:00 a.m.[2] on the morning of March 14, 2005, Menlo Park Police Officer Erich Dea was dispatched to 32 Henderson Place in Menlo Park, following a 911 call reporting a verbal altercation between defendant and his roommate, Reginald Backey. When Dea arrived, both men were very agitated, and Backey told Dea that he wanted defendant out of the house. Defendant agreed to leave, but because he had been drinking, Dea took his car keys and left them at the residence. Dea advised defendant that he should return the following day, and defendant left on foot.
Menlo Park Police Officer Eric Dias, who was the watch commander for the midnight shift that night, responded towards the end of the call, and was informed by Dea of what had transpired.
At approximately 1:30 a.m. that same morning, Dias was in his patrol car at the intersection of Willow and Newbridge when he received a second call regarding a disturbance at 32 Henderson Place, which ensued after defendant had returned to retrieve his keys. Dias was the closest unit to the residence and was on his way back when he passed defendant walking down the street near the 1300 block of Henderson Avenue.
Dias stopped his vehicle next to defendant, and as he exited the car, defendant concluded a call on his cell phone, put the phone in his pocket, and stopped walking. Initially, defendant told Dias that he did not want any problems and that he just wanted to retrieve his keys but then he became very agitated and stuck his right hand in his waistband, where he â€
