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The People v. Mike Anthony Solano

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Siskiyou)


February 10, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
MIKE ANTHONY SOLANO, DEFENDANT AND APPELLANT.

(Super. Ct. No. 081293)

The opinion of the court was delivered by: Robie ,j.

P. v. Solano CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

On July 18, 2008, defendant Mike Anthony Solano was on probation following his conviction in Siskiyou County, case No. 05-1406 (the gun case), for being a felon in possession of a firearm when he went to the Siskiyou County Probation Department for an appointment with his probation officer. During the appointment, defendant's probation officer concluded defendant was under the influence of a controlled substance. When asked, defendant admitted taking prescription painkillers. A probation officer then searched defendant's car and found three homemade explosive devices in the trunk. Defendant was arrested and charged in Siskiyou County case No. 08-1097 (the bomb case) with possession of a destructive device. Based on the new charges, a petition to revoke defendant's bail in the gun case was also filed.

On July 22, 2008, defendant was released on bail and ordered to return to court on August 19, 2008. Defendant failed to appear in court on August 19, 2008, and the court issued a warrant for his arrest. That same day, defendant's bail bondsman saw defendant sitting in a parked car near the Siskiyou County Probation Department. The bondsman contacted the police for assistance in taking defendant into custody for failing to appear in court.

City of Yreka Police Officer Jason Suter responded to the bondsman's call. After Officer Suter arrived, defendant drove away from the probation department and Officer Suter followed. Defendant then pulled over to the side of the road. Officer Suter got out of his patrol car, approached defendant, and asked if he would step out of the car. Defendant agreed but as he stepped out of the car, he turned his back to Officer Suter and reached toward his waistband.

Moving for a better view, Suter saw defendant reaching for a handgun that was sliding down defendant's leg. Suter asked defendant what he was grabbing for but defendant ignored him and continued reaching for the gun so Suter grabbed defendant's arm. Defendant resisted, a struggle ensued and Suter saw the handgun slide out of defendant's pants and onto the road.

A second officer and the bail bondsman then assisted Suter in detaining defendant but defendant continued to struggle. Defendant reached for the gun he dropped as well as Officer Suter's gun and Taser. After being struck in the face by Suter and Tased by the other officer, defendant was finally handcuffed and eventually he stopped fighting.

Defendant was then searched and an object resembling a pipe bomb was found in defendant's right boot. He began to struggle again and as the officers held him down on the ground, defendant yelled out, "'Just kill me, just kill me, I want to die.'" Defendant told Suter the bomb was real and was designed to detonate by a fuse. Accordingly, body armor was placed over the bomb.

During a subsequent search of defendant's car, the following items were found: five rifles (including assault rifles), four of which were loaded; approximately 3,000 rounds of ammunition primarily loaded into magazines or clips for the rifles; over 70 loaded rifle and handgun magazines; 1,050 rounds of "7.62x.39" rounds attached to "SKS" clips; over 100 live flare rounds; a throwing star; binoculars and night vision apparatus; a black ski mask, black military style pants, a black tactical-style vest; a 15 and one-half inch long knife; a "SKS" flash suppressor and a "SKS" front sight tool.

Defendant was arrested and ultimately charged as follows in Siskiyou County case No. 08-1293 (the August case): assault with a firearm upon a peace officer, resisting an executive officer, exhibiting a firearm to resist arrest, attempted firearm removal from a police officer, possession of a destructive device with intent to injure and destroy, possession of a destructive device near certain places, transportation of a destructive device, transportation of assault weapons, possession of assault weapons, possession of a firearm by a felon, possession of ammunition by a felon, armed criminal action, possession of a silencer, possession of a deadly weapon, felon in possession of tear gas, and possession of a deadly weapon with the intent to assault.

It was specially alleged as to the first three charges that defendant personally used a firearm during the commission of these crimes. It was further alleged that defendant committed all the crimes alleged except the last two while out on bail.

Defendant waived his right to a preliminary hearing in the bomb case and the August case. Counsel for defendant did, however, twice raise concerns regarding defendant's competency to stand trial. The trial court twice found defendant competent based on the report of three examining physicians.

On August 15, 2009, defendant was charged in Siskiyou County case No. 09-1314 (the bail case) with failing to appear while on bail. The following month, the trial court granted the People's motion to consolidate the August case, the bomb case, and the bail case under the single case No. 08-1293 (the consolidated case).

Defendant then pled guilty to resisting an executive officer, attempted firearm removal from a police officer, possessing a destructive device to injure and destroy, possession of an assault weapon, felon in possession of a firearm, felon in possession of ammunition, armed criminal action, possession of a deadly weapon, failure to appear while out on bail, and possession of a destructive device. Defendant also admitted he used a firearm when he resisted the executive officer and that he violated his probation in the gun case.

The court imposed a stipulated term of 12 years in the consolidated case, imposed various fines and fees, and awarded 669 days of presentence credit, consisting of 582 days of custody credit and 87 days of conduct credit.

The court also denied reinstatement of defendant's probation in the gun case and imposed a term of two years to be served concurrently to defendant's sentence in the consolidated case. The court further imposed various fines and fees and awarded 883 days of presentence credit, consisting of 589 days of custody credit and 294 days of conduct credit.

Defendant appeals. The trial court granted his application for a certificate of probable cause.

Appointed counsel for defendant 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.)

Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days have elapsed and we have received no communication from defendant.

Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

We concur:

BLEASE , Acting P.J.

MAURO ,J.

20110210

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