People v. Basulto CA2/3

── People v. Basulto CA2/3 ── Court: California Court of Appeal Date: June 05, 2026 Category: General Filed 6/5/26 P. v. Basulto CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE THE PEOPLE, B337399 Plaintiff and Respondent, Los Angeles County Super. Ct. No. PA065305 v. JESUS JAVIER BASULTO, Defendant and Appellant. APPEAL from a judgment of the Superior Court of Los Angeles County, Daniel B. Feldstern, Judge. Affirmed. Sharon Fleming, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Shezad H. Thakor and Kenneth C. Byrne, Deputy Attorneys General, for Plaintiff and Respondent. ‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗  The superior court resentenced appellant Jesus Javier Basulto under Penal Code section 1172.75.1 On appeal, he claims that the court improperly imposed the upper term without complying with the factfinding requirement of section 1170, subdivision (b). We reject Basulto’s claim because section 1172.75, subdivision (d)(4) allows an exception to the factfinding requirement if the upper term was previously imposed. We also reject Basulto’s claim that the court improperly refused to strike his prior serious felony conviction enhancement under section 667, subdivision (a)(1). We affirm. FACTUAL AND PROCEDURAL BACKGROUND I. Facts2 On August 27, 2009, at approximately 9:00 p.m., Basulto opened the driver’s door of a Toyota Camry occupied by Frank Park near the intersection of Roscoe Boulevard and Balboa Place in Los Angeles. Basulto made a statement in Spanish, reached behind his back as if he had a firearm in his waistband, and told Park to get out of the car. Park complied, observing that Basulto “reeked of alcohol” and appeared “heavily intoxicated.” At about 10:30 p.m., Los Angeles Police Department Officer Brian Harris saw the Toyota Camry stopped at a green light on Sherman Way. He followed the Camry down an alley as it drove 25 to 35 miles per hour past an oncoming truck and a pedestrian. Officer Harris pursued the Camry with his patrol car’s lights and 1 All further undesignated statutory references are to the Penal Code. 2 We refer to the factual background from the opinion in People v. Basulto (Mar. 21, 2012, B231523) [nonpub. opn.]. 2 sirens activated. The Camry drove through a stop sign and accelerated to approximately 65 miles per hour. It made an illegal U-turn over a raised center median. After driving through a parking lot and into an alley, the Camry skidded into a curb. Basulto ran away but ultimately complied with Officer Harris’s order to stop and get on the ground. At a field show up, Park identified Basulto as the person who had taken his car. II. Trial court proceedings On August 23, 2010, a jury found Basulto guilty of carjacking (§ 215, subd. (a); count 1), second degree robbery (§ 211; count 2), and evading an officer with willful disregard for the safety of persons and property (Veh. Code, § 2800.2, subd. (a); count 3). On September 21, 2010, Basulto admitted the truth of the allegations that he served a prior prison term (§ 667.5, subd. (a)), and he sustained a prior serious felony conviction (§ 667, subd. (a)(1)) and a prior felony conviction under the Three Strikes law (§§ 667, subds. (b)–(i), 117