People v. Arellano CA2/4

Filed 6/23/15 P. v. Arellano CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B256056

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA102981) v.

JESUS ARELLANO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Robert M. Martinez, Judge. Affirmed. Heather J. Manolakas, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Scott A. Taryle and Eric J. Kohm, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant Jesus Arellano pleaded no contest to carrying a dirk or dagger and was sentenced to a total of four years in state prison. Defendant contends that the court abused its discretion by declining to strike all of his prior convictions pursuant to Penal Code section 13851 and People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). Finding no abuse of discretion, we affirm. PROCEDURAL BACKGROUND Defendant was charged with one count of carrying a dirk or dagger concealed on his person. (§ 21310.) The information also alleged that defendant previously was convicted of two serious or violent felonies subjecting him to sentencing pursuant to sections 667, subdivisions (b) through (j), 1170.12, and 1170, subdivision (h)(3), namely robbery (§ 211) and carjacking (§ 215), both of which stemmed from a single case in 1997. The information further alleged pursuant to section 667.5, subdivision (b), that defendant suffered two prior convictions, the 1997 robbery conviction and a 2008 conviction for possession (Health & Saf. Code § 11377, subd. (a)), and did not remain free of custody during a period of five years subsequent to serving his terms for these crimes. After rejecting the prosecution’s plea offer of 32 months, defendant made an open plea of no contest on the day his trial was set to begin. He also admitted both his strike and state prison priors. The court sentenced defendant to the midterm of two years, which it doubled pursuant to sections 667 and 1170.12. The court struck “all other priors alleged.” Defendant timely appealed. FACTUAL BACKGROUND The following events were described by the sole witness at defendant’s preliminary hearing, Pomona police officer Tim Ugarte. On August 28, 2013, Ugarte and two or three U.S. Marshals were patrolling a residential area of Pomona in an unmarked car. Shortly before 10:00 p.m., Ugarte saw defendant on the street, about 50 feet away.