P. v. Velasquez
Filed 7/31/06 P. v. Velasquez CA1/5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIRST APPELLATE DISTRICT
DIVISION FIVE
| THE PEOPLE, Plaintiff and Respondent, v. RAYMOND JOHN VELASQUEZ, Defendant and Appellant. |
A110937
(San Mateo County Super. Ct. No. SC57772)
|
Appellant Raymond John Velasquez was convicted after jury trial of the crimes of felony reckless evading of a peace officer and misdemeanor driving on a suspended license. The trial court sentenced appellant to a three-year upper term for evading, and a consecutive eight-month term in another unrelated case. No sentence was imposed for the misdemeanor.
Appellant contends his convictions should be reversed, because: (1) the trial court abused its discretion by not dismissing the case for governmental misconduct; (2) the court erred by not instructing the jury on misconduct; (3) appellant's trial counsel was ineffective for failing to request a limiting instruction regarding certain evidence; and (4) appellant's upper-term sentence was unconstitutionally imposed, under Blakely v. Washington (2004) 542 U.S. 296 (Blakely). We find no prejudicial errors and affirm.
I. FACTS
This appeal arises from an early morning car chase on December 11, 2004, in which a speeding Datsun was pursued by officers of the California Highway Patrol. The major issue at trial was whether the Datsun was driven by appellant or by his pregnant girlfriend, Sarah Rodriguez.
A. Prosecution Evidence
1. Officers' Testimony
At the conclusion of the car chase, the Datsun flipped over and landed on its roof. Officer Navarra testified that he ran to the driver's side and saw appellant seated in the driver's side pounding on the window, trying to get out. Navarra tried to open the driver's side door, but it was stuck.
Officer Newman testified that he ran to the passenger side and saw a woman, later identified as Rodriguez, looking at him. Rodriguez was upside down, and â€
