P. v. Lee
Michael Lee appeals from the judgment entered following a jury trial in which he was convicted of involuntary manslaughter, count 1 (Pen. Code, 192, subd. (b)), evading an officer causing death, count 3 (Veh. Code, 2800.3), two counts of assault upon a peace officer, counts 4 and 5 (Pen. Code, 245, subd. (c)) and child abuse, count 6 (Pen. Code, 273a, subd. (a)). He admitted he suffered a prior conviction of a serious or violent felony within the meaning of the Three Strikes law (Pen. Code, 1170.12, subds. (a) - (d) and 667, subd. (b) - (i)) and within the meaning of Penal Code section 667, subdivision (a)(1) and served four prior prison terms within the meaning of Penal Code section 667.5. He was sentenced to prison for a total of 27 years and contends there is a lack of substantial evidence to support his convictions for assaulting a peace officer and that his sentence is prohibited under Cunningham v. California. For reasons stated in the opinion, Court affirm the judgment.
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