Filed 4/12/06 P. v. Shepard 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

I. INTRODUCTION

Pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), appellant asks us to examine the record in the court below to determine if there are any issues deserving of further briefing therein. He was, at the time of his arrest in December 2004, on probation following a conviction in 2001 for sale of a controlled substance. After a hearing in April 2005, the court found that he had violated Vehicle Code section 2800.2 and, on that basis, revoked his probation and sentenced him to the midterm of four years for the 2001 offense. We find no issues deserving of further briefing and hence affirm the judgment.

II. FACTUAL AND PROCEDURAL BACKGROUND

On February 5, 2001, appellant was arrested for selling undercover Oakland police officers rock cocaine. At the time, he was on parole from a four-year prison term to which he had been sentenced in 1998 after convictions for burglary and assault with a firearm. (Pen. Code, §§ 245, subd. (a)(2) and 459.) He negotiated a plea agreement with the Alameda District Attorney under which he pled no contest and was sentenced to five years formal probation with credit for time served and various standard probationary conditions.

This probation was revoked, but then reinstated, twice thereafter, once in 2003 and again in 2004. Both revocations were based on drug-related charges.

In the early morning of December 11, 2004, two California Highway Patrol (CHP) officers in a marked CHP vehicle were involved in a high speed chase of a white 1995 Buick Regal starting on Interstate 580 in Alameda County. The chase ended with the Buick crashing and the driver and a passenger running away and escaping. Before the crash, however, one of the officers was able to see the driver of the Buick several times.

The officers traced the car to one April Jackson, a resident of Oakland and appellant's former girlfriend, via its registration and an identification card for Jackson found in the car. The officers went to Jackson's home and learned from her that the car was indeed hers, that the keys to it were gone from the counter on which she had placed them, that appellant had been there earlier in the evening to visit his daughter, and that she had not given him or anyone else permission to take her car.

Using one of the officers' cell phones, Jackson called appellant on his cell phone and asked where her car was. Jackson started yelling at appellant, at which point the officer took the phone, told appellant who he was, at which point appellant hung up on the officer. Two minutes later, appellant called the officer back and told him he was in San Jose and had not been driving Jackson's car. The officer told appellant that he should come to the Oakland CHP office â€