People v. Figueira CA3

BACKGROUND

The People’s complaint charged defendant with fleeing a peace officer in a motor vehicle while driving with a willful or wanton disregard for public safety (Veh. Code,

1 § 2800.2; count I);1 resisting a peace officer in the discharge of his duties (Pen. Code, § 148, subd. (a)(1); count II); driving a motor vehicle without a valid license (§ 12500, subd. (a); count III); driving a motor vehicle in darkness without using lights (§ 24250; count IV); failing to stop at an intersection with a stop sign (§ 22450, subd. (a); count V); and failing to stop at a red light (§ 21453, subd. (a); count VI). The complaint further alleged as to count one that defendant had suffered a prior strike (Pen. Code, §§ 667, 1170.12) by virtue of his conviction for assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)). On August 4, 2021, defendant resolved this case by pleading no contest to count one and admitting the prior strike. In exchange, he would receive the low term of 16 months, doubled to 32 months because of the prior strike, and the remaining counts would be dismissed. The factual basis for the plea was taken from the pretrial release report, which reflected that…