Filed 11/18/15 P. v. Cruz CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

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 This opinion has not been certified for publication 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.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

v.

RONALD THOMAS CRUZ,

Defendant and Appellant.

F069831

(Tulare Super. Ct. No. PCF284151)

OPINION

THE COURT*

APPEAL from a judgment of the Superior Court of Tulare County. Kathryn T. 

Montejano, Judge.

Jill M. Klein, under appointment by the Court of Appeal, for Defendant and 

Appellant.

Office of the Attorney General, Sacramento, California, for Plaintiff and 

Respondent.

-ooOoo-

 

* Before Levy, Acting P.J., Poochigian, J. and Detjen, J.
2.

INTRODUCTION

Appellant/defendant Ronald Thomas Cruz pleaded guilty to felony evasion of an 

officer while operating a motor vehicle. He was sentenced to the indicated term of 16 

months. On appeal, his appellate counsel has filed a brief that summarizes the facts with 

citations to the record, raises no issues, and asks this court to independently review the 

record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm.

FACTS1

“[O]n June 7, 2013, at approximately 2:03 p.m., an officer [with the Porterville 

Police Department] attempted to conduct a traffic stop on the defendant’s vehicle for 

reckless driving; however, he failed to yield and a pursuit ensued. The defendant failed 

to stop at posted stop signs, failed to stop at red traffic lights, and was weaving in and out 

of traffic. The defendant continued to drive at a high rate of speed and continued to 

disregard the safety for other drivers on the road. The officer received orders to terminate 

the pursuit due to the defendant’s reckless driving.

“A short time later, officers located the defendant’s vehicle abandoned in the 

parking lot of North Stonegate Cove. Officers searched the area to find the defendant; 

however, they were met with negative results. Officers searched the vehicle and located 

several forms of identification for the defendant. On June 11, 2013, a complaint was 

filed by the District Attorney’s Office and on July 22, 2013, the defendant was arrested.”

Procedural History

As noted, on June 11, 2013, an amended felony complaint was filed against 

defendant in the Superior Court of Tulare County, charging him with count I, felony 

evading an officer while operating a motor vehicle with a willful and wanton disregard 

for the safety of others (Veh. Code, § 2800.2, subd. (a)); and count II, misdemeanor 

 

1 The following facts are from the probation report, which the parties stipulated to 

as the factual basis for defendant’s plea.
3.

resisting a peace officer (Pen. Code, § 148, subd. (a)(1)), with one prior prison term 

enhancement (Pen. Code, § 667.5, subd. (b)).

On March 20, 2014, defendant pleaded no contest to count I and admitted the 

enhancement pursuant to a negotiated disposition, that count II would be dismissed and 

the enhancement would be stricken, for an indicated lower term of 16 months.

On June 2, 2014, the court dismissed the prior prison term enhancement, 

sentenced defendant to 16 months, and revoked defendant’s driving privilege (Veh. Code, 

§ 13357).

On June 23, 2014, defendant filed a timely notice of appeal; he did not seek or 

obtain a certificate of probable cause.

DISCUSSION

As noted above, defendant’s counsel has filed a Wende brief with this court. The 

brief also includes the declaration of appellate counsel indicating that defendant was 

advised he could file his own brief with this court. By letter on November 4, 2014, we 

invited defendant to submit additional briefing. To date, he has not done so.

After independent review of the record, we find that no reasonably arguable 

factual or legal issues exist.

DISPOSITION

The judgment is affirmed.