People v. Tugas CA2/6

Filed 12/20/23 P. v. Tugas CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B320929 (Super. Ct. No. 20F-01446) Plaintiff and Respondent, (San Luis Obispo County)

v.

LARIO GARCIA TUGAS,

Defendant and Appellant.

Lario Garcia Tugas appeals from the judgment after a jury convicted him of evading a police officer (Veh. Code, § 2800.2, subd. (a), count 1),1 unlawful driving or taking of a vehicle (§ 10851, subd. (a), count 3), and driving on a suspended or revoked license (§ 14601.1, subd. (a), count 4). The jury also found true the allegation that appellant committed count 3 while out on bail for count 1 (Pen. Code, § 12022.1). The trial court sentenced appellant to four years eight months in state prison. Appellant

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

contends this case should be remanded for resentencing because the trial court attached the on-bail enhancement to the wrong count. The People agree. We affirm the conviction and remand the matter to the trial court for resentencing. Factual and Procedural Background In February 2020, at approximately 2:30 a.m., a police officer stopped appellant for speeding and crossing into another lane and back without signaling. The officer ran a records check and learned appellant’s license was suspended. When the officer asked appellant for his keys, he refused. When the officer instructed appellant to exit the vehicle, he started the engine and sped away. A high-speed pursuit ensued but ended after the officer lost sight of appellant’s vehicle. Appellant was subsequently charged with recklessly evading a police officer (§ 2800.2, subd. (a), count 1) and driving on a suspended or revoked license (§ 14601.1, subd. (a), count 4). In July 2021, while appellant was released from custody on bail for count 1, he was stopped by a police officer for driving a motorcycle without a helmet. Appellant told the officer he was not the registered owner of the motorcycle and did not have an I.D. When the officer ran a records check on the motorcycle plate, dispatch reported the plate belonged to a different motorcycle with expired registration. During the officer’s investigation, appellant repeatedly tried to start the motorcycle’s engine. The officer told him to turn it off. The officer also observed the ignition appeared to be “hotwired.” Appellant ignored the officer’s commands, revved the throttle, and tried to accelerate. The officer grabbed appellant by the jacket and pulled him to the ground. Appellant broke free and fled on foot. It was later discovered the motorcycle had been reported stolen.