P. v. Morris
In a trial to the court sitting without a jury, defendant Andono Leon Morris was convicted of driving in willful or wanton disregard for the safety of persons or property while eluding a pursuing peace officer (count one) and of driving a vehicle involved in an injury accident and thereafter failing to aid the injured person and give pertinent information to the person and an officer (count two). The court found defendant had two prior serious felony convictions for purposes of the three strikes law and had served two prior separate prison terms. He was sentenced to state prison for 25 years to life plus two years for the prior prison term enhancements.
On appeal, defendant contends his conviction on count two is not supported by sufficient evidence that he knew his passenger was injured, (2) the imposition of concurrent prison terms for counts one and two violated Penal Code section 654, (3) 27 years to life is cruel and/or unusual punishment, (4) the court abused its discretion in denying his motion to strike one of his prior serious felony convictions for purposes of sentencing ( 1385; People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (hereafter Romero), and (5) the amended abstract of judgment must be corrected. Court affirm the judgment and order the court to correct the abstract.
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