People v. Garcia CA2/2

BACKGROUND

The evidence established that on June 29, 2000, defendant borrowed a car from an acquaintance to go out with friends that evening. He did not return it at the agreed-upon time. At about 4:00 a.m. on June 30, a uniformed police officer observed defendant driving the car towards him without any headlights on. Although he flashed the high

All further section references are to the Penal Code unless otherwise indicated. “On November 6, 2012, the electorate passed Proposition 36, the Three Strikes Reform Act of 2012 . . . . Proposition 36 reduced the punishment to be imposed with respect to some third strike offenses that are neither serious nor violent, and provided for discretionary resentencing in some cases in which third strike sentences were imposed with respect to felonies that are neither serious nor violent.” (People v. Johnson (2015) 61 Cal.4th 674, 679 (Johnson).) Proposition 36 was effective on November 7, 2012. (Id. at p. 680.)

2 beams of his marked police vehicle several times, defendant did not turn on his lights. Defendant then drove his car at 20 to 30 miles per hour through a stop sign. The officer made a U-turn, activated his full rotator…