People v. Paz CA3

Filed 4/18/14 P. v. Paz CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C073830

Plaintiff and Respondent, (Super. Ct. No. 12F03202)

v.

RAMON PAZ,

Defendant and Appellant.

Defendant Ramon Paz was convicted of evading a pursuing peace officer with a willful or wanton disregard for the safety of persons and property (count one) and unlawfully taking and driving a vehicle (count two). Defendant’s sole contention on appeal is that the trial court erred in failing to stay his sentence on count two pursuant to section 654 of the Penal Code.1 We agree and will modify the judgment.

1 Undesignated statutory references are to the Penal Code.

1

FACTUAL AND PROCEDURAL BACKGROUND

On April 8, 2012, at 12:34 a.m., Officer David Eagleton heard gunshots while on patrol and, approximately two minutes later, was dispatched to Playerz Bar and Grill, a couple of miles away, in response to a call of gunshots being fired.

Miguel Banuelos was in his car in the Playerz Bar and Grill parking lot getting ready to leave when the shooting started. He ran into the building, leaving his keys in the ignition. When he went back outside, he saw defendant lying on the ground asking for help. Banuelos put defendant in the back seat of the car, and, when shooting began again, ran back to the building, leaving defendant in the car with the keys in the ignition.

Officer Eagleton and his partner were the first officers to arrive at Playerz Bar and Grill at approximately 12:38 a.m. Eagleton drove the marked police car, lights flashing and siren sounding, into the parking lot. Eagleton saw a car trying to leave and blocked the exit with his car. Eagleton got out of the patrol car for a “split second.” Defendant— now in the driver’s seat—looked at him, maneuvered Banuelos’s car around the rear of the patrol car, and fled.