People v. Brown, 031519 CAAPP1, A153839

Docket Nº:A153839
Opinion Judge:FUJISAKI, J.
Party Name:THE PEOPLE, Plaintiff and Respondent, v. JAMES ELLIOTT BROWN, Defendant and Appellant.
Judge Panel:WE CONCUR: Petrou, Acting P.J. Wiseman, J.
Case Date:March 15, 2019
Court:California Court of Appeals

THE PEOPLE, Plaintiff and Respondent,


JAMES ELLIOTT BROWN, Defendant and Appellant.


California Court of Appeals, First District, Third Division

March 15, 2019


Solano County Super. Ct. No. FCR322998


James Elliot Brown appeals following his no contest plea to felony evading an officer in willful disregard in violation of Vehicle Code section 2800.2, subdivision (a). His court-appointed counsel has filed a brief seeking our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 to determine whether there are any arguable issues on appeal. Brown was informed of his right to file a supplemental brief and did not do so. (People v. Kelly (2006) 40 Cal.4th 106, 124.) Having independently reviewed the record, we conclude there are no reasonably arguable issues requiring further review. The judgment is affirmed.

Factual and Procedural Background

Brown was charged by information with one count of felony evading an officer in willful disregard (Veh. Code, § 2800.2, subd. (a)) and one count of misdemeanor driving with suspended or revoked driving privileges (id., § 14601.1, subd. (a)). The charges stemmed from a high speed police chase after Brown fled from an officer who tried to pull him over for riding a motorcycle recklessly. The chase went on for seven to eight miles, mainly on the I-80.

Brown pled no contest to the felony count for evading an officer in willful disregard. Pursuant to the plea agreement, the remaining misdemeanor count was dismissed. The trial court suspended imposition of a sentence, placed Brown on formal probation for three years, and ordered that he serve 210 days in county jail. The trial court imposed probation conditions, including a search and seizure condition. Brown filed a notice of appeal stating the appeal was based on his sentence or other matters occurring after the plea. Thereafter, Brown sought leave to file a late request for a certificate of probable cause, indicating he would challenge the imposition of the search and seizure probation condition pursuant to People v. Lent (1975) 15 Cal.3d 481. Brown eventually obtained a...

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