People v. Guzman-Avalos CA2/8

Filed 2/27/25 P. v. Guzman-Avalos CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B335049

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA511630) v.

MANUEL GUZMAN-AVALOS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Renee Korn, Judge. Affirmed. James Koester, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan S. Pithey, Assistant Attorney General, Steven D. Matthews and Michael J. Wise, Deputy Attorneys General, for Plaintiff and Respondent. _________________________________

Defendant and appellant Manuel Guzman-Avalos appeals from a judgment after a jury trial where he was found guilty of violating Vehicle Code section 2800.2 for fleeing a pursuing police officer’s motor vehicle while driving recklessly. Guzman-Avalos’s only challenge on appeal is with respect to the trial court’s imposition of a $1,500 fine. He argues the trial court incorrectly assumed the fine was mandatory rather than discretionary under Vehicle Code section 2800.2, subdivision (a). In the alternative, Guzman-Avalos argues his trial counsel was ineffective for failing to object to the imposition of the fine. For the reasons stated below, we affirm. FACTUAL AND PROCEDURAL BACKGROUND A jury convicted Guzman-Avalos of one count of a felony violation of Vehicle Code section 2800.2 for fleeing a pursuing police officer’s motor vehicle while driving recklessly. The evidence at trial showed that Guzman-Avalos led multiple officers, including an aerial patrol helicopter, in a car chase over several freeways and surface streets. During the 45-minute chase, he committed numerous moving traffic violations, including speeding, making unsafe lane changes, fluctuating in speed causing other vehicles to take evasive action to avoid a collision, failing to signal before changing lanes, and failing to stop at red light signals. The trial court sentenced Guzman-Avalos to the middle term of two years in state prison. The trial court also imposed a $1,500 restitution fine. At the sentencing hearing, the trial court stated, “I’m ordering you to pay the following fines and fees: [¶] A restitution fine of $1,500. Vehicle Code section 2800.2 requires