P. v. Brickell CA2/6 ( 2013 )


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  • Filed 5/16/13 P. v. Brickell CA2/6
    NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for
    publication or ordered published for purposes of rule 8.111.5.
    IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
    SECOND APPELLATE DISTRICT
    DIVISION SIX
    THE PEOPLE,                                                                    2d Crim. No. B244623
    (Super. Ct. No. 2011032547)
    Plaintiff and Respondent,                                                   (Ventura County)
    v.
    JASON LEE BRICKELL,
    Defendant and Appellant.
    Jason Lee Brickell appeals his conviction by jury of evading an
    officer with willful disregard (Veh. Code, § 2800.2, subd. (a)). The trial court
    found that appellant had suffered a prior prison term (§ 667.5, subd. (b))1 and
    sentenced appellant to four years state prison. Appellant was ordered to pay a
    $240 restitution fine (§ 1202.4, subd. (b)), a $240 parole revocation fine
    (§ 1202.45), and a $1,675 probation investigation fee.
    We appointed counsel to represent appellant in this appeal. After
    examination of the record, counsel filed an opening brief in which no issues were
    raised.
    On April 12, 2012, we advised appellant that he had 30 days within
    which to personally submit any contentions or issues he wished us to consider.
    On May 10, 2013, we received a letter from appellant stating, among other things,
    1   All statutory references are to the Penal Code, unless otherwise stated.
    that the conviction is not supported by the evidence, that the probation report
    contains misstatements, and the trial court erred in imposing an upper term
    sentence.
    The evidence shows that the Ventura County Sheriff conducted
    surveillance outside defendant's house on September 1, 2011, pursuant to a
    burglary/possession of stolen property investigation. Appellant loaded items into
    the back of his truck, drove off, and tried to evade the officers who pursued with
    sirens and red lights activated.
    After Deputy Sheriff Jeffrey Miller made a traffic stop and
    identified himself, appellant got back into the truck and fled with Deputy Miller
    in pursuit. Driving 60 mph in a 25 mph residential zone, appellant ran stop signs,
    almost hit a mother with a stroller, and stopped and fled on foot.
    Inside the truck, officers found papers bearing appellant's name, a
    backpack, and a business card for a public storage unit. Executing a search
    warrant, the officers searched a storage unit rented in appellant's name and found
    three loaded handguns and a California Department of Corrections ID card
    bearing appellant's name and photo. Appellant was later arrested in the City of
    Commerce.
    The jury convicted appellant of evading an officer with willful
    disregard and returned hung verdicts on two counts for felon in possession of a
    firearm (§ 12021, subd. (a)(1)) and unlawful possession of ammunition by a felon
    (§ 12316, subd. (b)(1)). The probation report, which was read and considered by
    the trial court, stated that appellant had an extensive criminal record dating back
    to 1996 for theft and drug related offenses and, in 2004, served a prison term for
    second degree burglary and transportation of a controlled substance.
    We have examined the entire record and are satisfied that
    appellant's appointed counsel has fully complied with her responsibilities and that
    2
    no arguable issues exist. (People v. Kelly (2006) 
    40 Cal. 4th 106
    , 124; People v.
    Wende (1979) 
    25 Cal. 3d 436
    , 441.)
    The judgment is affirmed.
    NOT TO BE PUBLISHED.
    YEGAN, J.
    We concur:
    GILBERT, P.J.
    PERREN, J.
    3
    Kent M. Kellegrew, Judge
    Superior Court County of Ventura
    ______________________________
    Laurie A. Thrower , under appointment by the Court of Appeal, for
    Defendant and Appellant.
    No appearance for Respondent.
    4
    

Document Info

Docket Number: B244623

Filed Date: 5/16/2013

Precedential Status: Non-Precedential

Modified Date: 4/17/2021