People v. Solisperez CA2/7

Filed 11/27/24 P. v. Solisperez CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B334274

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA098693) v.

JOSE D. SOLISPEREZ,

Defendant and Appellant.

APPEAL from a judgment order of the Superior Court of Los Angeles County, Martin L. Herscovitz, Judge. Affirmed. Ava R. Stralla, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _______________

A jury convicted Jose D. Solisperez of fleeing a pursuing peace officer’s motor vehicle while driving recklessly in violation of Vehicle Code section 2800.2. Solisperez waived his right to a jury trial as to the allegations that Solisperez had suffered two prior convictions of serious or violent felonies (strikes), which the trial court found true following a bench trial. Solisperez appeals from the judgment. No arguable issues have been identified following review of the record by Solisperez’s appointed appellate counsel. We also have identified no arguable issues after our own independent review of the record. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Solisperez was charged in a felony information filed on May 31, 2023 with one count of violating Vehicle Code section 2800.2. The information alleged Solisperez had been convicted of two serious or violent felonies within the meaning of the three strikes law (Pen. Code,1 §§ 667, subds. (b)-(j), 1170.12) and five felonies within the meaning of section 1203, subdivision (e)(4). The information also alleged two aggravating circumstances under California Rules of Court, rule 4.421(b)(2) and (3). The evidence at trial established that at approximately 1:10 a.m. on February 17, 2023, Los Angeles Sheriff’s Deputy Jesse Corona and his partner, Deputy Valle de la Cruz, were patrolling Cesar Chavez Avenue in East Los Angeles. Deputy Corona observed a gray sedan driven by Solisperez with tinted windows. As the sedan approached the intersection of Cesar