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The People v. Deandre Taylor

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


October 14, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
DEANDRE TAYLOR, DEFENDANT AND APPELLANT.

(Super. Ct. Nos. 07F10002, 08F03417)

The opinion of the court was delivered by: Nicholson , J.

P. v. Taylor

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Pursuant to a plea bargain whereby defendant would be sentenced to a stipulated term of 10 years eight months, he pleaded as follows: In case No. 08F03417, no contest to felony assault (Pen. Code, § 245, subd. (a)(1))*fn1 and to driving with the intent to evade a pursuing police officer (Veh. Code, § 2800.2, subd. (a)); defendant also admitted an on-bail enhancement (§ 12022.1) and a prior strike conviction (§ 667, subds. (b)-(i)). In case No. 07F10002, no contest to second degree burglary (§§ 459, 460) and admission of the same prior strike conviction. The third case, Case No. 08F10135 was dismissed.

On April 9, 2010, the court imposed the agreed upon sentence of 10 years eight months along with various fines, fees and restitution as set forth in detail in the abstract of judgment. Defendant, who is not eligible for the increased rate of conduct credits provided by amendments to section 4019, effective January 25, 2010, because of the prior strike conviction, received 767 days actually served plus 382 days for conduct, a total of 1149 days presentence custody.

FACTS

Case No. 07F10002

On October 17, 2007 defendant and three others entered an Autozone store and two were observed stealing stereo equipment. Defendant was confronted, lifted his shirt and displayed a firearm in his waistband. In the process, he dropped his identification card and fled. He was later arrested at home.

Case No. 08F03417

On April 24, 2008 defendant attempted to use his vehicle to to force a vehicle driven by S.W., his girlfriend, off the road. A law enforcement officer witnessed the incident and attempted to stop defendant, but he drove off and a chase ensued.

He was eventually captured.

DISCUSSION

Defendant appealed and counsel was appointed to represent him on appeal. Counsel filed an opening brief that sets forth the facts of the case and asks us to review the record and 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. We have undertaken an examination of the record and 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. DUARTE , J.


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