People v. Bustos CA3

Filed 3/15/21 P. v. Bustos CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C091420

Plaintiff and Respondent, (Super. Ct. No. 18FE013378)

v.

RAYMOND BUSTOS,

Defendant and Appellant.

Appointed counsel for defendant Raymond Bustos has asked this court to review the record to determine whether there exist any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Our review of the record has disclosed the trial court’s failure to pronounce a sentence for a count that the court stayed pursuant to Penal Code section 654. We will remand for the limited purpose of correcting this error and otherwise affirm the judgment.

1

I We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) The People’s information charged defendant with evading a peace officer with willful or wanton disregard for public safety (Veh. Code, § 2800.2, subd. (a); count one) and fleeing from a peace officer against oncoming traffic (Veh. Code, § 2800.4; count two). The information further alleged defendant was out on bail when these offenses were committed (Pen. Code, § 12022.1). The substantive counts were tried to a jury. The People presented the testimony of Detective Lawrence Stafford that he and other officers encountered a white Dodge Charger resembling a car that had been involved in a shooting a few days earlier. The officers, who were dressed in tactical vests with “Sheriff” on the front, made a U-turn in their unmarked grey Ford Taurus to follow the Charger. The Charger reacted by rapidly accelerating to 80 miles per hour on Franklin Blvd.1 When they reached the onramp to Highway 99, the officers activated the flashing blue and red lights, wigwag strobe headlights, and siren. They pursued the Charger, which traveled speeds in excess of 100 miles per hour while weaving in and out of traffic. When defendant went to exit the highway, he cut across multiple lanes of traffic going approximately 80 miles per hour, nearly striking another vehicle. Once off the freeway, the Charger again swerved in and out of traffic, traveling at speeds of up to 60 to 80 miles per hour.2 At one point, the Charger traveled in the center turn lane and partially cut into oncoming traffic. Finally, the Charger pulled over, and both defendant and his passenger were taken into custody. The parties stipulated that defendant had a suspended license at the time of the offense.