People v. Dupes CA1/1

Filed 8/29/24 P. v. Dupes CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A167931 v. LUCCIANO SHAWN DUPES, (Contra Costa County Super. Ct. No. 022200922) Defendant and Appellant.

MEMORANDUM OPINION1 A jury convicted defendant Lucciano Shawn Dupes of seven criminal offenses including driving or taking a vehicle without consent (Veh. Code, § 10851, subd. (a), count 1), fleeing a police officer while driving recklessly, driving against traffic while fleeing a police officer, felon in possession of a firearm, felon in possession of ammunition, hit and run with property damage, and possession of burglary tools. Defendant’s sole claim on appeal is that the trial court abused its discretion in imposing an upper term sentence of four years on count 1.

1 This appeal is appropriately resolved by memorandum opinion

in accordance with California Standards of Judicial Administration, section 8.1.

The amended information included a special allegation under Penal Code section 666.52 as to count 1 that defendant was previously convicted of vehicle theft and alleged eight qualifying prior convictions. It further alleged seven aggravating factors, including: (1) his prior convictions as an adult were numerous and increasing in seriousness (Cal. Rules of Court, rule 4.421(b)(2)); 3 (2) defendant served a prior prison term (rule 4.421(b)(3)); (3) he was on probation when the crime was committed (rule 4.421(b)(4)); (4) his prior performance on probation was unsatisfactory (rule 4.421(b)(5)); (5) the crime involved great violence, great bodily harm, threat of great bodily harm, or other acts disclosing a high degree of cruelty, viciousness, or callousness (rule 4.421(a)(1)); (6) he was armed with a weapon at the time of the commission crime (rule 4.421(a)(2)); and (7) the crime involved an attempted or actual taking or damage of great monetary value (rule 4.421(a)(9)). Defendant waived a jury trial on his prior convictions as alleged in count 1 and the aggravating sentencing factors. The court found three prior felony convictions of Vehicle Code section 10851, two prior felony convictions of Penal Code section 496d, and the seven alleged factors in aggravation true beyond a reasonable doubt. The court sentenced defendant to state prison for an aggregate term of six years, comprised of an upper term of four years on count 1 plus consecutive terms of eight months each on counts 3, 4, and 5. On