People v. Larios CA6

Filed 10/16/14 P. v. Larios CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H040755 (San Benito County Plaintiff and Respondent, Super. Ct. No. CR1300231)

v.

GREG FRED LARIOS,

Defendant and Appellant.

Pursuant to a plea agreement, defendant Greg Fred Larios pleaded no contest to possession of methamphetamine for sale (Health & Saf. Code, § 11378, count 4) and admitted a prior strike conviction (Pen. Code, § 667, subds. (b)-(i)),1 a criminal street gang enhancement (§ 186.22, subd. (b)(1)(A)) and a prior serious felony conviction (§ 667, subd. (a)(1)). Larios was sentenced to a total term of 15 years in prison, consisting of the upper term of three years on count 4, doubled to six years by the strike prior, consecutive to the upper term of four years for the criminal street gang enhancement and five years for the prior serious felony conviction. He also received a concurrent one year sentence for a probation violation in a separate case. Larios was awarded credits and ordered to pay various fines and fees. We appointed counsel to represent Larios in this court. Appointed counsel filed an opening brief which states the case and the facts, but raises no specific issues. 1 Further unspecified statutory references are to the Penal Code.

We notified Larios of his right to submit written argument in his own behalf within 30 days, and he has filed a letter brief arguing his trial counsel was ineffective and, consequently, his plea was involuntary. I. FACTUAL AND PROCEDURAL BACKGROUND Shortly after 1:00 a.m. on February 15, 2013, a City of Hollister police officer was on patrol when he saw a red two-door sedan without a front license plate. The officer initiated a vehicle stop. The vehicle pulled over and the driver, subsequently identified as Larios, got out of the car and ran. As he exited the vehicle, the officer saw Larios drop a black elongated item, which was later found to be a knife with a six-inch fixed blade. As the officer chased after Larios, he observed Larios drop a silver/chrome colored item, later found to be a loaded nine-millimeter/.380-caliber pistol. Other officers joined the pursuit and, upon being cornered, Larios threw several small items, including a cell phone, aside and raised his hands. The cell phone contained messages potentially involving the sale of drugs. After Larios was arrested, the arresting officer contacted a female, Priscilla Rodarte, who had been inside the car with Larios. Rodarte had four dots tattooed on the fingers of her left hand and one dot tattooed on her right middle finger. The officer believed these tattoos were representative of the Nortenos street gang which claims the number 14. Rodarte denied knowledge of any weapons and said she had been picked up by Larios at a friend’s house. She was later released without charge. Officers conducted an inventory search of the vehicle Larios was driving and found a blue pouch clipped to the driver side door. Inside the pouch was a plastic baggy with two bindles of what appeared to be crystal methamphetamine and two baggies containing Vicodin and Oxycontin pills. A camouflage-colored pouch on the driver side floor contained .380-caliber ammunition, and officers found a digital scale in the center console.