People v. Trillo CA3

BACKGROUND

In July 2002, defendant kept lookout while his brother, and codefendant, slashed the tires of at least 11 automobiles parked at an apartment complex. Confronted by residents of the complex, both defendants threatened the residents with knives. When police officers arrived, defendants fled. When one officer attempted to stop defendant, defendant tried to walk away and did not stop until the officer got out of his car and grabbed defendant. (People v. Trillo (Mar. 16, 2005, C043958) [nonpub. opn.].) A jury convicted defendant of assault with a deadly weapon (§ 245, subd. (a)(1)) and misdemeanor resisting arrest (§ 148, subd. (a)(1)). In bifurcated proceedings, the trial court found true the enhancement allegations defendant sustained two prior serious

1 Undesignated statutory references are to the Penal Code.

2 In the underlying proceedings, the parties and the court cited section 1171.1. Effective June 30, 2022, the Legislature renumbered this section to 1172.75 with no substantive changes to the statute. (Stats. 2022, ch. 58, § 12.) For ease of reference, we cite to section 1172.75 throughout this opinion.

2 felony convictions (§§ 667, subds. (a), (b)-(i), 1170.12)…