People v. Tamayo CA4/1

INTRODUCTION

After Cesar Hugo Tamayo pled guilty to attempted carjacking (Pen.

Code,1 §§ 664, 215, subd. (a)) with an elderly victim enhancement (§ 667.9, subd. (a)) and admitted suffering a prior strike offense, the trial court denied his request under section 1385, subdivision (c), to dismiss the prior strike offense and sentenced him to a six-year prison term. Tamayo claims the court misapplied section 1385, subdivision (c). Finding no merit to the claim, we affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

I.

Tamayo’s Current Offense2 On July 12, 2021, 73-year-old Irvin T. was in a parking lot sitting in the front seat of his car when Johan Figueroa (Tamayo’s codefendant) approached and asked for a cigarette. As Irvin began to respond, Figueroa grabbed Irvin’s arm and pulled him out of the car. Irvin landed on the ground. Figueroa punched Irvin in the face with a closed fist about five or six times and demanded the keys to the car. As Figueroa was punching Irvin, Tamayo went to the passenger side of the car. Figueroa took Irvin’s wallet and car keys. Figueroa and Tamayo ran away when Irvin’s son, who was in the parking lot, ran over to his father. Irvin sustained…