People v. Castro CA5

Filed 12/9/24 P. v. Castro 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F086817 Plaintiff and Respondent, (Super. Ct. No. BF193900A) v.

GAVINO CASTRO, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Michael G. Bush, Judge. Maureen M. Bodo, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Kenneth N. Sokoler and Sean M. McCoy, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Meehan, J. and Snauffer, J.

INTRODUCTION Defendant Gavino Castro evaded officers and engaged them in a vehicle chase when they attempted to stop him for driving a vehicle with expired registration. A jury convicted defendant of evading a peace officer and evading a peace officer on the wrong side of the road, and the trial court found true that defendant had a prior strike conviction within the meaning of the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)–(i), 1170.12).1 Thereafter, the trial court sentenced him to prison for an aggregate term of six years. Defendant appeals his sentence, arguing that the trial court abused its discretion by denying his motion to strike his prior strike conviction pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497. We reject defendant’s claim and affirm the judgment. PROCEDURAL BACKGROUND The District Attorney of Kern County filed an amended information on June 8, 2023, charging defendant with evading a peace officer while having three or more traffic violations (Veh. Code, § 2800.2; count 1), evading a peace officer while driving in a direction opposite from the lawful direction of the highway (Veh. Code, §§ 2800.1, 2800.4; count 2), misdemeanor driving on a suspended license (Veh. Code, § 14601.1, subd. (a); count 3), misdemeanor obstructing a peace officer (§ 148, subd. (a)(1); count 4), and driving an unregistered vehicle (Veh. Code, § 4000, subd. (a); count 5). The amended information also alleged one prior strike conviction within the meaning of the Three Strikes law (§§ 667, subds. (b)–(i), 1170.12) and several aggravating sentencing factors, including defendant having numerous prior convictions or sustained petitions in juvenile delinquency proceedings of increasing seriousness, serving a prior prison term, being on probation or parole at the time of the offense, and performing unsatisfactory on probation or parole (Cal. Rules of Court, rule 4.421(b)(2)–(b)(5)).