P .v. Booker

 

 

 

 

 

 

 

 

 

 

 

 

Filed 11/1/13  P
.v. Booker CA5

 

 

 

 

 

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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

FIFTH APPELLATE DISTRICT

 
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THE PEOPLE,   Plaintiff and Respondent,                           v.   BRIAN LEON BOOKER,   Defendant and Appellant.

F066341   (Super. Ct. No. 12CM2453)     >OPINION

 

THE COURThref="#_ftn1"
name="_ftnref1" title="">^*

            APPEAL from
a judgment of the Superior Court of href="http://www.adrservices.org/neutrals/frederick-mandabach.php">Kings County.  Steven D. Barnes, Judge.

            Deborah
Prucha, under appointment by the Court of Appeal, for Defendant and Appellant.

            Office of
the State Attorney General, Sacramento, California, for Plaintiff and
Respondent.

-ooOoo-

 

 

 

            Appellant, Brian Leon Booker, pled guilty to href="http://www.mcmillanlaw.com/">first degree burglary (Pen. Code, § 460,
subd. (a)); evading a police officer
(Veh. Code, § 2800.2, subd. (a)); resisting arrest (Pen. Code, § 148, subd. (a)(1));
and vehicle theft (Veh. Code, § 10851, subd. (a)).  Following independent review of the record
pursuant to People v. Wende (1979) 25
Cal.3d 436, we affirm.

FACTUAL AND PROCEDURAL HISTORY

            On July 10,
2012, at approximately 11:00 a.m., Vernon Costa’s neighbor called Costa at work
to advise him that there was a person, later identified as Booker, in a red
sedan parked in Costa’s driveway. 
Moments later, the house alarm went off and the neighbor saw Booker
drive off with tools and yard equipment in the back seat.  When Booker happened to drive by where Costa
was working, Costa got in his truck and began following him.  Booker “blew through” every stop sign they
approached until he wound up on a dirt road next to a dry canal.  When a deputy appeared in front of them, Booker
accelerated backwards towards Costa. 
Costa got out of his truck and went into the dry canal because he
thought Booker was going to ram his truck. 
Booker, however, drove the red car into the canal and got out of the
car.  Costa realized he left the keys in
the truck and that Booker might take it, so he climbed out of the canal hoping
to reach the truck before Booker.  However,
after deputies shouted at Costa to get back, he heeded their orders, which
allowed Booker to drive off in the truck. 


            Booker
continued to flee until he got the truck stuck in a corn field.  As a deputy approached the truck and ordered
him out, Booker started to back up the truck and was tasered by another deputy
as he sped away.  Booker avoided another
deputy who arrived on the scene and he continued fleeing until he rolled the
truck.  Booker then ran into a detached
residential garage where he was eventually taken into custody.  An inspection of Costa’s residence disclosed
that only the garage had been broken into and that the break-in was
accomplished by using a pry tool to pry the door away from the frame.  During an interview at the sheriff’s station,
Booker admitted burglarizing Costa’s garage.

            On September 14, 2012, the
court heard and denied Booker’s Marsden
motion.href="#_ftn2" name="_ftnref2"
title="">^[1] 

          On September 20, 2012, the district attorney filed a
first amended information charging Booker with first degree burglary (count 1);
carjacking (count 2/§ 215, subd. (a)); evading a peace officer (count 3); resisting
arrest (count 4); and vehicle theft (count 5). 
On that same date, Booker entered his plea in this matter and waived his
right to appeal in exchange for a stipulated term of six years eight months and
the dismissal of the carjacking count. 

          On October 18, 2012, the court
sentenced Booker to the stipulated prison term of six years eight months:  the aggravated term of six years on his
burglary conviction; a consecutive eight-month term (one third the middle term
of two years) on his evading a peace officer conviction; a concurrent two-year
term on his vehicle theft conviction; and a concurrent 201 days on his resisting
arrest conviction.  The court also
awarded Booker 201 days of presentence custody credit:  101 days of presentence actual custody credit
and 100 days of presentence conduct credit. 


Booker’s
appellate counsel has filed a brief which summarizes the facts, with citations
to the record, raises no issues, and asks this court to independently review
the record.  (People v. Wende, supra,
25 Cal.3d 436.)  Booker has not responded
to this court’s invitation to submit additional briefing.

          Following an independent
review of the record, we find that no reasonably arguable factual or legal
issues exist.

 

DISPOSITION

The
judgment is affirmed.