P. v. Castaneda
This case is before us on remand from the United States Supreme Court for further consideration in light of that courts decision in Cunningham v. California (2007) 549 U.S. 270 [127 S.Ct. 856] (Cunningham). The parties have provided supplemental briefing addressing Cunningham and the California Supreme Courts recent interpretation of Cunningham in People v. Black (2007) 41 Cal.4th 799 (Black II). After further consideration in light of both Cunningham and Black II, we affirm the judgment and sentence. Except for our discussion of defendants sentence, the opinion we now file is substantially the same as our original opinion filed on September 27, 2006.
A jury found defendant Isaac Castaneda guilty of one count of unlawfully taking or driving a vehicle (Veh. Code, 10851, subd. (a); count 1) and one count of recklessly evading a peace officer (Veh. Code, 2800.2, subd. (a); count 2). The jury also found true criminal street gang and arming enhancements associated with each count. (Pen. Code,[1] 186.22, subd. (b)(1); 12022, subd. (a)(1)). Defendant received a total prison term of 11 years: the upper term of three years for count 2, plus four years for the gang enhancement and one year for the arming enhancement, a consecutive term of eight months for count 1, plus one year for the gang enhancement, and four months for the arming enhancement, and a stipulated, consecutive term of one year for defendants guilty plea to assault with a deadly weapon in a separate case. Court affirm.
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