P. v. Orozco CA6

Filed 3/21/13 P. v. Orozco CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H037788 (Monterey County Plaintiff and Respondent, Super. Ct. No. SS100981)

v.

FRANCISCO JAVIER OROZCO,

Defendant and Appellant.

Defendant Francisco Javier Orozco appeals after pleading no contest to unlawfully driving or taking a vehicle (Veh. Code, § 10851, subd. (a)), admitting that the offense was committed for the benefit of a criminal street gang (Pen. Code, § 186.22, subd. (b)(1))1 and admitting that he had a prior strike within the meaning of the Three Strikes law (§ 1170.12, subd. (c)(1)). He was sentenced to a nine-year prison term. On appeal, defendant’s appointed counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 that states the case and facts, but raises no issue. We notified defendant of his right to submit written argument on his own behalf within 30 days. The 30–day period has elapsed and we have received no response from defendant.

1 All further statutory references are to the Penal Code unless otherwise indicated.

Pursuant to People v. Wende, supra, 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the entire record. Following the California Supreme Court’s direction in People v. Kelly, supra, at page 110, we provide a brief description of the facts and the procedural history of the case.2

FACTUAL AND PROCEDURAL BACKGROUND A. Defendant’s Arrest On March 23, 2010, Officer Anthony Parker saw defendant driving a gray Honda Civic. Officer Parker was in uniform, driving a marked patrol car. He turned on his lights and siren to initiate a traffic stop, but defendant did not stop. During the subsequent pursuit, defendant ran stop signs, drove at speeds over the posted speed limits, and crossed the center line. Eventually, defendant’s car hit a fence at an apartment complex. He jumped out of the car and ran, but he was apprehended 15 to 20 minutes later. Defendant was not the owner of the Honda. The vehicle’s owner, who did not know defendant, had last seen the Honda the night before and had not been aware the vehicle was gone. Inside the Honda, the police found a key ring with five “shaved keys,” which are used to steal cars. The police also found cell phones, CD cases, luggage bags, a bag of tools, and a backpack containing a stereo. These items had been taken during burglaries of a second victim’s home and vehicle. B. Gang Evidence Sureños are one of the primary gangs in Monterey County. Sureños identify with the number 13, the letter M, and the color blue. They consider Norteños to be their enemies. The Sureños’ primary activities are vehicle theft, homicide, assault, burglary, possession, and evasion. In 2007, a Sureño was convicted of carrying a concealed