People v. Ruiz CA5

INTRODUCTION

Appellant Alejandro Ruiz filed a petition to reduce his felony conviction for violating Vehicle Code section 2800.2, subdivision (a),1 evading an officer with willful and wanton disregard for safety, to a misdemeanor. The court denied relief because his offense was not eligible for resentencing pursuant to the provisions of Proposition 47 and Penal Code section 1170.18.2 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.) We affirm.

FACTS3

Around 2:30 a.m. on June 13, 2008, officers with the California Highway Patrol observed appellant traveling on his motorcycle and going through a stoplight. The officers activated the siren and lights on their patrol car and attempted to conduct a traffic stop. Appellant failed to pull over, and instead, accelerated to 70 miles per hour in a 50- mile an hour zone and drove through another red light. Appellant continued to evade the officers and reached speeds of 70 and 80 miles per hour, in a zone marked at 50 miles per hour. Appellant turned into a residential…