People v. Vargas CA4/2

INTRODUCTION

Defendant and appellant Johnny Joe Vargas contends the trial court abused its

discretion in imposing an upper term sentence, since it failed to consider that he suffered

childhood trauma, pursuant to Penal Code1 section 1170, subdivision (b)(6). We affirm

the judgment.

FACTUAL AND PROCEDURAL BACKGROUND2

A police officer was dispatched on a call regarding a reported stolen vehicle. The

officer located the vehicle and conducted a traffic stop. Defendant was driving the stolen

vehicle, and the officer arrested him.

A jury convicted defendant of driving or taking a vehicle without consent.

(Veh. Code, § 10851, subd. (a), count 1.) The trial court subsequently found true one

prior strike allegation (§§ 1170.12, subds. (b) & (c), 667, subds. (d) & (e)), as well as the

following four circumstances in aggravation within the meaning of California Rules of

Court, rule 4.421: (1) defendant’s prior convictions were numerous and of increasing

seriousness, (2) he had served prior prison terms, (3) he was on parole during the

commission of the current offense, and (4) his prior performance on probation and parole

was unsatisfactory.

Defendant filed a sentencing…