P. v. Gorbea CA4/3

Filed 6/27/13 P. v. Gorbea 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent, G047881

v. (Super. Ct. No. 11NF1998)

ROARY WILLIAM GORBEA, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Gregg L. Prickett, Judge. Affirmed. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent. * * *

Defendant Roary William Gorbea pleaded guilty to five counts: (1) evading a police officer (Pen. Code, § 2800.2); (2) active participation in a criminal street gang, while carrying a loaded firearm (Pen. Code, § 12031, subd. (a)(1), (2)(C)); (3) participation in a criminal street gang (Pen. Code, § 186.22, subd. (a)); (4) possession of drug paraphernalia (Health & Saf. Code, § 11364); and (5) unlawful possession of a hypodermic syringe (Bus. & Prof. Code, § 4140). He also admitted a gang enhancement under the second count, prior conviction allegations, and prior prison enhancements. The court sentenced defendant to 10 years and 4 months in accordance with its indicated sentence. In connection with his plea, defendant admitted the following: “I unlawfully drove with willful and wanton disregard for the safety of persons and property and with the intent to flee and elude a distinctively marked pursuing police officer’s vehicle which exhibited a lighted red lamp visible from the front that I saw and sounded a siren that I heard. The police vehicle I saw was driven by a police officer in a distinctive police uniform. I also unlawfully carried a loaded firearm in the vehicle I drove as I evaded on public streets while I unlawfully actively participated in West Side La Habra, a criminal street gang, knowing its members have and continue to engage in a pattern of criminal gang activity, and did willfully and unlawfully promote[,] further[,] and assist in felony criminal conduct by member of West Side La Habra by possessing this loaded firearm and evading the police. I committed the above offenses for the benefit of West Side La Habra with the specific intent to promote, further, and assist in criminal conduct by members of West Side La Habra. I also unlawfully and knowingly possessed devices used to smoke and inject controlled substances and a hypodermic needle and syringe.” After the plea and before sentencing, defendant moved to dismiss his court appointed attorney and appoint new attorneys; the court denied the motion. The parties