People v. Castro CA5

INTRODUCTION

Defendant Gavino Castro evaded officers and engaged them in a vehicle chase when they attempted to stop him for driving a vehicle with expired registration. A jury convicted defendant of evading a peace officer and evading a peace officer on the wrong side of the road, and the trial court found true that defendant had a prior strike conviction within the meaning of the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)–(i), 1170.12).1 Thereafter, the trial court sentenced him to prison for an aggregate term of six years. Defendant appeals his sentence, arguing that the trial court abused its discretion by denying his motion to strike his prior strike conviction pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497. We reject defendant’s claim and affirm the judgment.

PROCEDURAL BACKGROUND

The District Attorney of Kern County filed an amended information on June 8, 2023, charging defendant with evading a peace officer while having three or more traffic violations (Veh. Code, § 2800.2; count 1), evading a peace officer while driving in a direction opposite from the lawful direction of the highway (Veh. Code, §§ 2800.1, 2800.4; count 2), misdemeanor…