People v. Robledo CA2/3

Filed 2/26/13 P. v. Robledo CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B243547

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA118863) v.

MANUEL ROBLEDO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Roger Ito, Judge. Modified with directions, as so modified, affirmed.

Michael W. Flynn, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Defendant and appellant Manuel Robledo appeals from the judgment entered following revocation of probation previously granted following his plea of guilty to grand theft (Pen. Code, § 487, subd. (a)).1 The trial court sentenced Robledo to three years in county jail. We affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. Facts – the probation violation. a. The prosecution’s case. At approximately 12:10 a.m. on May 10, 2012, Los Angeles County Deputy Sheriff David Avila and his partner were on patrol in the area of Myrtle and Whittier Boulevards. At the intersection of Edna and Myrtle, the deputy observed Robledo, accompanied by two passengers, driving a 2001 Chevrolet Tahoe at approximately 45 miles per hour in a 25-mile-per-hour zone. In addition, the vehicle‟s headlights were not on and Robledo failed to stop at a stop sign. Believing that Robledo was driving recklessly in violation of Vehicle Code section 23103, the deputy pulled up until his patrol car was approximately one or two car lengths behind Robledo, then turned on his overhead red lights to conduct a traffic stop. Robledo pulled to the right side of the street and stopped. As he did so, the passenger riding in the backseat of the car, Rudy Garcia, got out and ran west on Whittier Boulevard. He was holding in his right hand a small, black, semi-automatic firearm. Avila and his partner approached Robledo‟s vehicle with their guns drawn. Once back-up units arrived “to help contain the area” and find Garcia, the deputies had Robledo and the front seat passenger, Jonathan Loaza, get out of the car. Robledo had been cooperative. When Avila had turned on his overhead lights, Robledo pulled over immediately. When the deputies then ordered him to place his hands where they could be seen, he had done so. He made no “furtive movements.”