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People v. Trejo

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT
Jan 11, 2012
F061575 (Cal. Ct. App. Jan. 11, 2012)

Opinion

F061575 Super. Ct. No. DF009833B

01-11-2012

THE PEOPLE, Plaintiff and Respondent, v. LUIS ANTONIO TREJO, Defendant and Appellant.


NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

OPINION


THE COURT

Before Levy, Acting P.J., Poochigian, J., and Franson, J.

APPEAL from a judgment of the Superior Court of Kern County. Michael B. Lewis, Judge.

Gregory L. Cannon, under appointment by the Court of Appeal, for Defendant and Appellant.

Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

-ooOoo-

Pursuant to a plea agreement, appellant, Luis Antonio Trejo, on September 29, 2010, pled no contest to reckless driving while evading a peace officer (Veh. Code, § 2800.2), possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1)), possession of a sawed-off shotgun (Pen. Code, § 12020, subd. (a)) and assault with a deadly weapon or by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)), and admitted an enhancement allegation that he committed the assault for the benefit of, at the direction of or in association with a criminal street gang, with the specific intent to promote, further or assist in criminal conduct by gang members (Pen. Code, § 186.22, subd. (b)(1)). One of the terms of the plea agreement was that appellant, if sentenced to prison, would receive a sentence of no more than 10 years.

On December 20, 2010, the court imposed a prison sentence of 10 years, consisting of the four-year upper term on the assault, four years on the accompanying enhancement and eight months on each of the remaining three offenses.

Appellant did not request, and the court did not issue, a certificate of probable cause (Pen. Code, § 1237.5).

Appellant's appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant has not responded to this court's invitation to submit additional briefing. We affirm.

FACTS

On April 9, 2010, City of McFarland Police Officer Mike Weber was on patrol in a marked police vehicle when, at approximately 11:00 p.m., he saw a Ford Ranger automobile weaving in and out of its lane. The officer positioned his vehicle directly behind the Ranger and activated his lights and siren, at which point the Ranger, while traveling on a street where the posted speed limit was 25 miles per hour, accelerated to approximately 55 miles per hour. Subsequently, with Officer Weber in pursuit, the Ranger failed to stop at a stop sign and continued to exceed the posted speed limit before finally stopping in a restaurant parking lot.

Our factual statement is taken from Officer Weber's testimony at appellant's preliminary hearing.
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At that point, the passenger door of the Ranger opened, and appellant got out and ran off, away from Officer Weber and other officers who had joined in the pursuit. The officers yelled for appellant to stop and identified themselves as police, but appellant continued to run. At one point, while running, appellant turned and pointed a semiautomatic handgun at the pursuing officers. The officers dove to the ground, pointed their guns at appellant and again ordered him to stop. Appellant, however, continued to run and was able to get away.

The officers returned to the restaurant parking lot where they found Israel Gonzalez, appellant's co-defendant, "crouching down" in the driver's seat of the Ranger. The officers searched the Ranger and found a loaded sawed-off shotgun between the driver's seat and the passenger's seat.

Prior the preliminary hearing, Officer Weber had reviewed various "law enforcement reports" which indicated that appellant had admitted that he was an active member of the Myfas criminal street gang. In response to a hypothetical question, Officer Weber opined that a criminal street gang member who committed the crimes appellant committed as the officer had previously testified, did so "for the benefit of, or in association with a criminal street gang[.]"

DISCUSSION

Following independent review of the record, we have concluded that no reasonably arguable legal or factual issues exist.

DISPOSITION

The judgment is affirmed.


Summaries of

People v. Trejo

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT
Jan 11, 2012
F061575 (Cal. Ct. App. Jan. 11, 2012)
Case details for

People v. Trejo

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. LUIS ANTONIO TREJO, Defendant and…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

Date published: Jan 11, 2012

Citations

F061575 (Cal. Ct. App. Jan. 11, 2012)