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The People v. Darrell Tyjuan Allen

May 10, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
DARRELL TYJUAN ALLEN, DEFENDANT AND APPELLANT.



(Super. Ct. No. 09F07120)

The opinion of the court was delivered by: Blease , Acting P. J.

P. v. Allen CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

A jury convicted defendant Darrell Tyjuan Allen of fleeing from a pursuing officer by means of a high speed chase (Veh. Code, § 2800.2, subd. (a)), willful driving on the wrong side of the road while so fleeing (Veh. Code, § 2800.4), and driving with a revoked or suspended license (Veh. Code, § 14601.1, subd. (a)). In a trial by court, the court found defendant had a prior strike conviction for robbery (Pen. Code, § 211).

Prior to sentencing, the court denied defendant's request, pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero), to strike his prior strike conviction. The court sentenced defendant to state prison for 32 months for the Vehicle Code section 2800.4 conviction; 16 months for the Vehicle Code section 2800.2 conviction, but stayed that term pursuant to Penal Code section 654; and 30 days concurrent for the Vehicle Code section 14601.1, subdivision (a) conviction.

On appeal, defendant contends the trial court abused its discretion in denying his Romero request. We disagree.

FACTS

At about 11:30 p.m., Highway Patrol Officer Chris Abbott was in a commercial parking lot monitoring traffic on Walerga Road, which had a speed limit of 45 miles per hour, when he saw a Chevy Camaro driven by defendant go by traveling at an estimated speed of 90 miles per hour. The area being monitored consisted of residential and commercial buildings, including a Chevron station, an AM/PM store, a 24-Hour Fitness Center, and a Walgreen's store, all of which were open at the time.

Officer Abbott drove after the Camaro and activated his vehicle's flashing lights and siren in an attempt to effect a stop. The Camaro did not stop, but instead proceeded through an intersection, braked to about 45 miles per hour and made a right-hand turn, skidded into an oncoming lane in which he continued to drive for a block. After running a stop sign, the Camaro continued in a residential area, where the speed limit was 25 miles per hour, driving between 40 to 50 miles per hour on one street and up to 70 miles per hour on another.

The chase ended after defendant braked hard, swerved to the right side of the road and Officer Abbott drove his vehicle beside defendant's door to prevent the latter's possible escape. Defendant initially refused Officer Abbott's orders to get out of the Camaro but eventually he complied and was arrested at gunpoint. Defendant was driving with a suspended license.

DISCUSSION

Defendant contends the trial court abused its discretion when it denied his Romero request. We disagree.

"In Romero, [the Supreme Court] held that a trial court may strike or vacate an allegation or finding under the Three Strikes law that a defendant has previously been convicted of a serious and/or violent felony, on its own motion, 'in furtherance of justice' pursuant to Penal Code section 1385(a)." (People v. Williams (1998) 17 Cal.4th 148, 158.) The trial court's decision whether to ...


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