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The People v. John Joseph Beaumont

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


July 31, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
JOHN JOSEPH BEAUMONT, DEFENDANT AND APPELLANT.

(Super. Ct. No. 11F07053)

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

P. v. Beaumont

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Appointed counsel for defendant John Joseph Beaumont 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 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.

I

On October 11, 2011, defendant was driving a car he stole from Shirley Woods. Law enforcement, wearing uniforms and driving in a clearly marked patrol vehicle, attempted to make contact with defendant but defendant fled in the stolen vehicle. During the chase that ensued, defendant reached speeds in excess of 90 miles per hour on surface streets, failed to stop at more than three stoplights and three stop signs, ran through one stop light at 80 miles per hour, and caused the stolen vehicle "to be airborne causing all four tires to leave the roadway . . . ." When defendant was apprehended, he possessed 12 "shaved keys."

Defendant was subsequently charged with evading a peace officer with willful and wanton disregard for the safety of others and property (Veh. Code, § 2800.2, subd. (a)); vehicle theft (Veh. Code, § 10851, subd. (a)) with four prior vehicle theft convictions (Pen. Code, § 666.5, subd. (a)); and receipt of stolen property (Pen. Code, § 496d, subd. (a)) with four prior vehicle theft convictions (Pen. Code, § 666.5, subd. (a)). It was further alleged that defendant served six prior prison terms (Pen. Code, § 667.5, subd. (b)) and was previously convicted of a serious or violent felony (Pen. Code, § 667, subds. (b)-(i) & 1170.12).

Pursuant to a plea agreement, defendant pleaded no contest to vehicle theft and evading a peace officer, admitted a prior conviction for a serious or violent felony, and admitted serving a prior prison term. Defendant understood that in exchange for his plea he would serve an aggregate term of seven years four months in prison and that the remaining allegations would be dismissed in the interests of justice. Defendant waived his right to a presentencing probation report.

The trial court sentenced defendant consistent with the plea agreement, ordered him to pay various fines and fees, and awarded him 232 days of presentence custody credit. Defendant appealed without a certificate of probable cause.

II

Appointed counsel filed an opening brief setting forth the facts of the case and asking this court to review the record and determine whether there are any arguable issues on appeal. (Wende, supra, 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 the opening brief. More than 30 days elapsed and we 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:

HULL , Acting P. J. HOCH , J.

20120731

© 1992-2012 VersusLaw Inc.



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