The People v. Perkins CA3

Filed 10/7/13 P. v. Perkins CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE,

Plaintiff and Respondent, C072924

v. (Super. Ct. No. 12F01436)

DANTE PERKINS,

Defendant and Appellant.

A jury convicted defendant Dante Perkins of carjacking, second degree robbery and possession of a firearm by a felon. The trial court found true an allegation that defendant had a prior strike conviction, denied defendant‟s request to dismiss the prior strike (Pen. Code, § 1385; People v. Superior Court (Romero) (1996) 13 Cal.4th 497), and sentenced defendant to 35 years eight months in state prison.

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Defendant now contends the trial court abused its discretion in denying his request to dismiss the prior strike. Concluding there was no abuse of discretion, we will affirm the judgment. BACKGROUND Parris Pruitt pulled his car into the parking lot of Greenhaven Liquor store. His girlfriend and their son remained in the car while Pruitt entered the store to buy cigarettes. Pruitt left the keys in the ignition. As Pruitt walked back to the car, defendant pointed a handgun at Pruitt‟s chest. Defendant said: “Don‟t get in the car. I‟ll gas you if you open the door.” Pruitt understood the word “gas” to mean “shoot.” Defendant took the cell phone from Pruitt‟s hand and got into the car. Pruitt ran back into the liquor store to call 9-1-1. Defendant pointed the gun at Pruitt‟s girlfriend and told her to get out of the car or he would shoot up the car. The girlfriend and child left. Defendant subsequently sold Pruitt‟s car. In denying defendant‟s request to dismiss the prior strike, the trial court considered, among other things, defendant‟s prior criminal history and noted that his prior strike conviction (a 2008 robbery) was a violent felony and was relatively recent. Defendant was born in 1991; he was 21 years old at the time of the instant offenses. His prior record included sustained juvenile delinquency petitions for a misdemeanor vehicle theft in 2006, two felony vehicle thefts in 2008, and the 2008 robbery. He also had adult convictions for misdemeanor possession of methamphetamine in 2009, resisting arrest in 2010, and accessory to burglary in 2011. In the 2008 robbery, defendant and a cohort confronted a Round Table Pizza employee making a pizza delivery. The cohort pointed a gun at the victim and demanded money. When the victim resisted, defendant and his cohort punched and kicked the victim. The victim told the attackers they could find money in the victim‟s car; defendant and his cohort took $300 from the victim‟s car and fled in another vehicle. Defendant later admitted the crime and admitted membership in the Guttah Boyz gang.