P. v. Ballinger
Defendant was convicted by a jury of reckless driving while fleeing from a peace officer (Veh. Code, 2800.2), vehicle theft (Veh. Code, 10851, subd. (a)), and driving a vehicle while in possession of not more than one ounce of marijuana (Veh. Code, 23222, subd. (b)). Following discharge of the jury, the court found true allegations that defendant had been convicted of five prior felonies for which prison terms were imposed. (Pen. Code, 667.5, subd. (b); unspecified section references that follow are to the Penal Code.)
Defendant was sentenced to an aggregate state prison term of eight years and eight months as follows: the upper term of three years on the fleeing charge; one-third the middle term (eight months) on the vehicle theft charge; five one-year enhancements for the prior felonies. He appeals contending the trial court violated Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403] (Blakely) in imposing the upper term on the fleeing charge. Court affirm the judgment.
Comments on P. v. Ballinger