P. v. Estrada CA3

Filed 7/10/13 P. v. Estrada CA3 NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yolo) ----

THE PEOPLE,

Plaintiff and Respondent, C071401

v. (Super. Ct. No. CRF120525)

ALEX VILLANUEVA ESTRADA,

Defendant and Appellant.

A jury convicted defendant Alex Villanueva Estrada of taking and driving a motor vehicle without the owner’s consent, and the trial court sentenced defendant to five years in state prison. Defendant now contends his trial counsel rendered ineffective assistance by eliciting incriminating evidence from the victim during cross-examination. We conclude, however, that defendant’s ineffective assistance claim fails because he has not established prejudice. We will affirm the judgment.

1

BACKGROUND David Clayton parked his 1992 white Buick Century in front of his house in February 2012. He left a key inside a metal box in the arm rest of the Buick that opened the Buick’s doors, trunk and glove compartment. The next morning, Clayton noticed the Buick was gone. He reported the missing car to the police. Yolo County Sheriff’s Deputy Jamie Rodriguez was on patrol, checking the license plates of cars in the parking garage at Cache Creek Casino. Deputy Rodriguez saw a 1992 white Buick Century in the garage, ran the license plate, and learned that the Buick was reported stolen. He noted that the Buick’s steering column was damaged. Later that morning, Deputy Rodriguez saw the Buick leave the parking garage. He followed it, activated his emergency lights and attempted to make a “felony stop” at a nearby convenience market. Deputy Rodriguez and his partner got out of their marked squad car with their guns drawn and approached the Buick. Defendant, who was driving the Buick, looked back at them and drove off. Deputy Rodriguez and his partner pursued defendant, with emergency lights and siren activated, for approximately a quarter mile before defendant pulled over and surrendered. A search of defendant’s person revealed a car key and Clayton’s vehicle registration. Defendant said the key opened the doors and trunk of the Buick. The deputies photographed damage to the driver’s side door lock and steering column. Law enforcement subsequently directed Clayton to a parking lot where the Buick was being held. Clayton, an auto mechanic, noted that the driver’s side door lock cylinder had been removed from his car. In addition, damage to the steering column and ignition switch allowed the car to operate without an ignition key. A jury found defendant guilty of taking and driving a motor vehicle without the owner’s consent (Veh. Code, § 10851), and the trial court found true enhancement allegations that defendant had a prior serious felony conviction (Pen. Code, § 667,