Filed 5/18/18 P. v. Acevedo 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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


THE PEOPLE,

Plaintiff and Respondent,

v.

JUAN ANGEL ACEVEDO,

Defendant and Appellant.


F076236

(Super. Ct. No. BF167901A)

OPINION

THE COURT*
APPEAL from a judgment of the Superior Court of Kern County. Colette M. Humphrey, Judge.
John F. Schuck, 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 Juan Angel Acevedo appeals from his conviction pursuant to a plea of no contest to one count of violation of Vehicle Code section 2800.2, fleeing a pursuing police officer.
Appointed counsel for appellant asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) We sent a letter to appellant advising him of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from appellant. Finding no arguable error that would result in a disposition more favorable to appellant, we affirm the judgment.
We provide the following brief description of the factual and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
STATEMENT OF THE CASE AND FACTS
On April 12, 2017, the Kern County District Attorney filed a complaint alleging appellant violated Vehicle Code section 2800.2, fleeing a pursuing police officer, a felony (count 1); Penal Code section 148, subdivision (a)(1), resisting a police officer, a misdemeanor (count 2); Vehicle Code section 12500, subdivision (a), driving without a driver’s license, a misdemeanor (count 3), Vehicle Code section 20002, subdivision (a), failure to notify after an accident, a misdemeanor (count 4); and Health and Safety Code section 11377, subdivision (a), possession of methamphetamine, a misdemeanor (count 5). It was further alleged that appellant had suffered two strike convictions pursuant to sections 667 and 1170.12, and served four prior prison terms pursuant to section 667.5, subdivision (b).
On May 31, 2017, appellant pled no contest to count 1, fleeing a pursuing police officer and admitted a strike prior. The balance of the charges and allegations were dismissed.
On July 12, 2017, pursuant to the plea agreement, the court sentenced appellant to a total of four years, the middle term of two years, doubled pursuant to section 667, subdivision (e). The trial court ordered appellant to pay a restitution fine of $300 pursuant to section 1202.4, subdivision (b); a restitution fine of $300 pursuant to section 1202.45, suspended subject to parole or postrelease supervision revocation proceedings; a $40 court operations assessment pursuant to section 1465.8; and a $30 conviction assessment pursuant to Government Code section 70373.
On August 30, 2017, appellant timely filed a notice of appeal based on the validity of the plea, and a request for a certificate of probable cause. In the certificate of probable cause, appellant stated that he was misled by counsel because he was unaware of potentially exculpatory information consisting of the fact a witness claims he saw an individual other than appellant flee into the driver’s side of the pickup involved in the pursuit. The court granted the certificate on August 30, 2017.
Our review of the entire record has revealed no arguable issues on appeal.
DISPOSITION
The judgment is affirmed.