People v. Garcia CA2/1

Filed 4/6/16 P. v. Garcia CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B260923

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA062237) v.

AARON REYNOSO GARCIA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Daviann L. Mitchell, Judge. Affirmed as modified. Joseph Robert Escobosa, 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, Senior Assistant Attorney General, Steven D. Matthews, Supervising Deputy Attorney General, and Robert C. Schneider, Deputy Attorney General, for Plaintiff and Respondent. ——————————

On February 26, 2014 in the City of Palmdale, Aaron Reynoso Garcia (Garcia) and two other men approached an unarmed pedestrian, threatened him with a gun and stole his wallet containing money and various forms of identification. After the three men drove off in a black Expedition, the victim called 911 to report the crime and provided a description of the vehicle. While the victim was on the call with the 911 operator, the police conducted a traffic stop on the black Expedition; Garcia, the driver, and two other men were in the vehicle. The police recovered the victim’s wallet from inside the vehicle. On July 22 and 23, 2014, a jury convicted Garcia of second degree robbery (count 1) and possession of ammunition by a felon (count 2). Garcia admitted to two prior offenses: a juvenile adjudication for assault with a firearm and an adult conviction for voluntary manslaughter. On count 1, because of the two priors pursuant to the “Three Strikes” law, Penal Code section 667, subdivisions (b) to (i),1 the trial court sentenced Garcia to 25 years to life as the base term. Then, the trial court added a five- year enhancement for each of the two priors as serious felonies pursuant to section 667, subdivision (a), for a total of two five-year enhancements. On count 2, the trial court imposed one-third of the midterm of eight months, doubled to 16 months pursuant to the Three Strikes law. In total, the trial court sentenced Garcia to 11 years and 4 months, plus 25 years to life in state prison. The only issue on appeal is whether the trial court appropriately imposed an additional five-year sentence enhancement based on Garcia’s prior juvenile adjudication for assault with a firearm pursuant to section 667, subdivision (a). Subdivision (a) provides that any person “convicted of a serious felony who previously has been convicted of a serious felony” shall receive an additional “five-year enhancement for each such prior conviction.” Garcia contends that a juvenile adjudication is not a serious