People v. Moreno CA4/3

Filed 8/18/20 P. v. Moreno CA4/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, G058421 Plaintiff and Respondent, (Super. Ct. No. 16NF0406) v. OPINION DAVID HERNANDEZ MORENO,

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Steven D. Bromberg, Judge. Affirmed as modified. Siri Shetty, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Daniel Rogers, Christopher Beesley, and Matthew Mulford, Deputy Attorneys General, for Plaintiff and Respondent.

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* THE COURT: Defendant David Hernandez Moreno was charged with nine criminal offenses and numerous enhancements. A jury convicted defendant of four felony counts: (1) reckless evasion of a police officer (Veh. Code, § 2800.2); (2) robbery (Pen. Code, § 211); (3) dissuading a witness by force or threat (Pen. Code, § 136.1, subd. (c)(1)); and (4) unlawful taking of a vehicle (Veh. Code, § 10851, subd. (a)). The jury also found true allegations that defendant personally used a knife (Pen. Code, § 12022, subd. (b)) while committing the robbery and dissuasion of a witness offenses. Prior to trial, defendant pleaded guilty to five misdemeanor counts: (5) hit and run (Veh. Code, § 20002, subd. (a)); (6) resisting an officer (Pen. Code, § 148, subd. (a)(1)); (7) possessing burglary tools (Pen. Code, § 466); (8) possessing drug paraphernalia (Health & Saf. Code, § 11364, subd. (a)); and (9) possessing drugs (Health & Saf. Code, § 11377, subd. (a)). In a bifurcated proceeding, the court found true allegations that defendant had previously been convicted of seven prior strikes (Pen. Code, § 667, subd. (d), (e)(2)), one of which was a prior serious felony (Pen. Code, § 667, subd. (a)(1)). The court also found true enhancement allegations that defendant had suffered four prison priors (Pen. Code, § 667.5, subd. (b)). The court sentenced defendant to prison for 19 years and four months, based on: (1) six years for robbery while using a knife (Pen. Code, § 213, subd. (b) [five year maximum term]; § 12022, subd. (b) [one year enhancement]); (2) four years for dissuading a witness while using a knife (§ 136.1, subd. (c)(1) [2, 3, or 4 year sentencing options]; § 1170.15 [full midterm applies to consecutive subordinate term for dissuading a witness]; § 12022, subd. (b) [one year enhancement]); (3) eight months for reckless evasion (Veh. Code, § 2800.2, subd. (a) [may be sentenced to unspecified state prison term]; Pen. Code, § 1170, subd. (h) [standard felony midterm of 2 years]; Pen. Code,