P. v. Espinoza
Filed 4/25/06 P. v. Espinoza CA2/4
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977 .
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FOUR
| THE PEOPLE, Plaintiff and Respondent, v. JERRY LEE ESPINOZA, Defendant and Appellant. | B182763 (Los Angeles County Super. Ct. No. KA069075 |
APPEAL from a judgment of the Superior Court of Los Angeles County, Philip S. Gutierrez, Judge. Affirmed
Jonathan B. Steiner and Ronnie Duberstein, under appointments by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Lawrence M. Daniels and Yun K. Lee, Deputy Attorneys General, for Plaintiff and Respondent.
Jerry Lee Espinoza appeals from judgment entered following a jury trial in which he was convicted of unlawfully driving or taking a vehicle (Veh. Code, § 10851, subd. (a)) and resisting, obstructing or delaying a peace officer, a misdemeanor, (Pen. Code, § 148, subd. (a)(1)). Following a court trial he was found to have previously suffered a serious or violent felony within the meaning of the Three Strikes law (Pen. Code, §§ 667, subds. (b) – (i), 1170.12, subds. (a) – (d)) and served two separate prison terms within the meaning of Penal Code section 667.5, subdivision (b). He was sentenced to prison for a total of seven years and contends he was improperly sentenced to the upper term in violation of his federal constitutional right to a jury trial. For reasons explained in the opinion, we affirm the judgment.
FACTUAL AND PROCEDURAL SUMMARY
On December 20, 2004, Police Officer Wayne Worley was driving in a marked patrol car when he attempted to stop a Honda Accord vehicle with an expired registration. Appellant was the driver of the vehicle and he at first pulled to the side of the road and slowed down but then drove back into the lane of traffic and continued for about a half block. Thereafter, the car stopped and the occupants exited the vehicle. Appellant dropped a screwdriver and ran across the street. Officer Worley chased appellant for about a minute before losing sight of him.
Rick Mora was replacing a gas line in an alley behind a supermarket when appellant jumped the wall, walked over to him and asked if he could have his hard hat and a drink of water. When appellant asked for Mr. Mora's orange work vest, Mr. Mora told him â€
