People v. Negrette CA2/6

Filed 10/15/14 P. v. Negrette CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B248706 (Super. Ct. No. 1387246) Plaintiff and Respondent, (Santa Barbara County)

v.

DAVID MICHAEL NEGRETTE,

Defendant and Appellant.

David Michael Negrette appeals his aggregate 18-year prison sentence. Pursuant to a plea agreement he pled no contest to second degree robbery (Pen. Code, § 211),1 first degree burglary (§ 459), unlawful taking of a vehicle (Veh. Code, § 10851, subd. (a)), evading an officer (Veh. Code, § 2800.2, subd. (a)), and second degree robbery (Pen. Code, § 211). We conclude, among other things, that: 1) Negrette may appeal a sentence based on a negotiated plea agreement containing a maximum sentence "lid," and 2) the trial court did not abuse its discretion by imposing an aggregate 18-year sentence. We affirm. FACTS On May 23, 2011, Negrette entered a bank and handed a teller a note stating, "No bait. No mistakes. This is a holdup. Money please." The teller gave him more than $3,000.

1 All further statutory references are to the Penal Code unless stated otherwise.

On June 9, 2011, Negrette went back to the bank, approached a teller and said, "Give me all your money fast." The teller "opened her cash drawers" and pulled out money. Negrette left the bank with $2,292. Georgia Young owned a 2001 Toyota Avalon which was parked in the garage of her residence. On the evening of June 9, she told a police officer that someone had "stolen" that vehicle. A sheriff's deputy saw Negrette driving the stolen car. The deputy activated his lights and siren and pursued him. Negrette fled. He reached speeds "in excess of 120 miles an hour." The car Negrette drove went off the freeway "and crashed into a ditch." The deputy approached Negrette, "drew" his "side arm," and ordered him to stop. Negrette ran to a chain link fence. He then "put his hands up and went onto the ground." He was taken into custody. Negrette entered into a negotiated plea agreement. He pled no contest to second degree robbery (count 1), first degree burglary (count 2), unlawful taking of a vehicle (count 4), evading an officer (count 5), and second degree robbery for the May 23rd offense (count 6). Count 3, which alleged theft from an elder or dependent adult (§ 368, subd. (a)), was dismissed on the People's motion. Negrette admitted one prior strike conviction and three other prior convictions for which he had served terms within the meaning of section 667, subdivision (b). The plea agreement provided for a maximum sentence "lid" of 21 years. The trial court ruled the lid was appropriate. It advised Negrette that "he will not be sentenced to serve a term in state prison in excess of 21 years." The court denied Negrette's request to strike his 1991 prior serious felony strike conviction. (§ 261, subd. (a)(2).) The probation department recommended an aggregate sentence of 35 years 4 months in a report filed before the plea agreement. In calculating that proposed sentence, the probation officer added three section 667, subdivision (a)(1) five-year prior serious felony conviction enhancements. In his report he said: "Enhancements: