People v. Evans, 012221 CAAPP1, A160890

• Docket Nº: A160890
• Opinion Judge: BURNS, J.
• Party Name: THE PEOPLE, Plaintiff and Respondent, v. RONALD EUGENE EVANS, JR. Defendant and Appellant.
• Judge Panel: We concur: SIMONS, ACTING P.J., NEEDHAM, J.
• Case Date: January 22, 2021
• Court: California Court of Appeals

THE PEOPLE, Plaintiff and Respondent,

v.

RONALD EUGENE EVANS, JR. Defendant and Appellant.

A160890

California Court of Appeals, First District, Fifth Division

January 22, 2021

NOT TO BE PUBLISHED

Del Norte County Super. Ct. No. CRF19-9410

BURNS, J.

Ronald Eugene Evans, Jr. appeals from the judgment imposed after he pled guilty to felony reckless driving while evading a police officer (Veh. Code, § 2800.2) and admitted a strike prior (Pen. Code, § 1170.12, subd. (c)(1)).¹ Evans's appointed appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436. Our independent review of the record reveals no arguable issues, and we affirm.

Background

Evans fled from California Highway Patrol officers attempting to conduct a traffic stop. While the officers pursued his car, Evans committed numerous traffic violations, including driving on the wrong side of the road and at speeds up to 105 miles per hour. Finally, Evans crashed the car and ran away on foot.

Evans initially pled guilty to the reckless evasion count in exchange for a stipulated term of two years and an agreement to strike the prior strike allegation. However, after receiving and reading the presentence report, the trial court rejected the plea agreement as not in the interests of justice.

Evans did not withdraw his plea. Pursuant to a new negotiated plea bargain, he admitted the strike prior and agreed to the mitigated term of 16 months for reckless evasion, which would be doubled pursuant to section 1170.12, subdivision (c)(1) for the strike. The court advised Evans of the direct consequences of his plea, took waivers of his rights (including his right to appeal), found a factual basis, and found that the plea was freely and voluntarily made.

After the parties waived further sentencing investigation, the trial court imposed the stipulated 32-month sentence and awarded Evans 809 total days' credit for time served. The trial court imposed a $300 restitution fine (§ 1202.4, subd. (b)(1)), a $40 court operations assessment (§ 1465.8, subd. (a)(1)), and a $30 criminal conviction assessment (Gov. Code, § 70373, subd. (a)(1)). The court also imposed and stayed a $300 parole revocation fine (§ 1202.45).

Discussion

Evans's appointed appellate counsel advised Evans, as required by People v. Kelly (2006) 40 Cal.4th 106, 124, of his right to file a supplemental brief to bring to this court's...