People v. Espinoza CA4/2

Filed 10/16/15 P. v. Espinoza CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E062845

v. (Super.Ct.No. BAF1100553)

VICTOR GARCIA ESPINOZA, SR., OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Becky Dugan, Judge.

Affirmed.

Jared G. Coleman, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

Defendant and appellant Victor Garcia Espinoza, Sr., was charged by information

with resisting an officer (Pen. Code, § 69, count 1) and possession of a controlled

substance (Health & Saf. Code, § 11350, subd. (a), count 2). It was alleged that he had

six prior strike convictions (Pen. Code, §§ 1170.12, subd. (c)(2)(A), 667, subds. (c) &

1

(e)(2)(A)), including a 1984 conviction for attempted murder (Pen. Code, §§ 664/187).

Pursuant to a plea agreement, defendant pled guilty to both counts, admitted all six prior

strike convictions, and waived 870 days of credit. In exchange, the trial court struck all