People v. Echevarria CA5

Filed 7/9/14 P. v. Echevarria CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent, F067604

v. (Super. Ct. No. 13CM8585)

JOSEPH LOUIS ECHEVARRIA, OPINION

Defendant and Appellant.

THE COURT APPEAL from a judgment of the Superior Court of Kings County. Donna L. Tarter, Judge. Allen G. Weinberg, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Daniel B. Bernstein and Doris A. Calandra, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

 Before Gomes, Acting P.J., Detjen, J., and Franson, J.

Defendant Joseph Echevarria was convicted by guilty plea of solicitation to commit murder (Pen. Code, § 653f, subd. (b)).1 He admitted allegations that he had suffered a prior serious or violent felony conviction within the meaning of the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and had suffered a prior serious felony conviction (§ 667, subd. (a)(1)). The trial court sentenced him to a total of 23 years in prison: the upper term of nine years, doubled pursuant to section 667, subdivision (e), plus a consecutive five-year serious felony enhancement (§ 667, subd. (a)(1)). On appeal, defendant contends the trial court abused its discretion in imposing the upper term. We affirm. FACTS2 Defendant’s girlfriend was having money troubles and thought she might be evicted from her apartment soon. She told Joel Wood that defendant would be calling him about a top secret matter. A few days later, defendant, who was incarcerated at Avenal State Prison, called Wood and asked if he would help him “take care of” the landlord. He also said “exterminate” or “eliminate.” Wood made it clear to defendant he was not willing to help. Wood then contacted the Federal Bureau of Investigation and agreed to assist in their investigation. Wood told defendant’s girlfriend he would introduce them to a friend who would be willing to help. The friend was in fact an undercover agent. When defendant contacted the agent, he told him he wanted the landlord to “become a ghost” and “to disappear without a trace” for $400. Defendant provided the landlord’s name, address, height, vehicle license plate number, and vehicle description.