P. v. Rogers CA3

Filed 9/16/14 P. v Rogers CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C075447

Plaintiff and Respondent, (Super. Ct. No. 13F01038)

v.

DARREN M. ROGERS,

Defendant and Appellant.

Defendant Darren M. Rogers pleaded no contest to unlawfully taking or driving a vehicle and felony evading a police officer. He also admitted he had sustained a prior serious felony conviction and served a prior prison term. The trial court denied defendant’s Romero1 motion to strike his prior serious felony conviction and sentenced him to the agreed maximum term of eight years four months in state prison.

1 People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero).

1

On appeal, defendant contends the trial court abused its discretion in denying his Romero motion. We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

On February 9, 2012, Officer Christopher Shippen saw defendant driving a stolen vehicle. He attempted to stop the vehicle and defendant accelerated away at a high rate of speed and ran several stop signs with Shippen in pursuit. After running a stop sign on Rio Linda Boulevard, defendant crashed into a vehicle driven by Sophia Castillo, causing major damage to both vehicles. Defendant then fled the scene on foot. Officer Shippen eventually apprehended and arrested defendant.

A complaint deemed an information charged defendant with unlawful taking or driving a vehicle (Veh. Code, § 10851, subd. (a)) and evading a peace officer (id., § 2800.2, subd. (a)). The information also alleged defendant had a prior strike conviction (Pen. Code, §§ 667, subds. (b)-(i), 1170.12)2 and had served two prior prison terms (§ 667.5, subd. (b)). Defendant pleaded no contest to the unlawful taking or driving a vehicle and evading a peace officer. As to the evasion, defendant admitted he had driven with willful and wanton disregard for the safety of persons and property. Defendant also admitted he had sustained one prior strike conviction and served a prior prison term.