Valenzuela

People v. Valenzuela

Good Law
198 Cal. Rptr. 3d 276·2016 Cal. App. LEXIS 76·244 Cal. App. 4th 692
Court of Appeal of CaliforniaFebruary 3, 2016D066907California7,097 words

Opinion

Lead Opinion

Aaron, J.

*696 A jury convicted Laura Reynoso Valenzuela of carjacking (Pen.Code, § 215, subd. (a) 1 ; count 1), reckless evasion of a peace officer (Veh.Code, § 2800.2, subd. (a) ; count 2), and possession of methamphetamine (Health & Saf.Code, § 11377, subd. (a), count 3.) Valenzuela waived a jury trial on two alleged prison priors. The trial court found one alleged prison prior true and the other not true. The court sentenced Valenzuela to a total term of six years eight months in prison, consisting of the middle term of five years on count 1, eight months (one-third the middle term) on count 2, one year for the prison prior conviction, and the middle term of two years, concurrent, on count 3.

*279 On appeal, Valenzuela asserts that the trial court erred by allowing the prosecutor to ask her whether she had a prior conviction for reckless evasion. Valenzuela also asserts that Proposition 47 requires this court to reduce count 3 to a misdemeanor and strike the one-year sentence enhancement imposed for her prison prior. We reject Valenzuela's contentions and affirm the judgment.

FACTUAL BACKGROUND

A. The People's Evidence

At around 7:30 a.m. on March 7, 2014, Ana Lopez turned on her…

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