P. v. Arreola
Defendant David Michael Arreola pleaded guilty to one count each of reckless driving while evading a police officer (Veh. Code, 2800.2, subd. (a)) and battery on a peace officer with injury (Pen. Code, 243, subd. (c)(2)). The trial court sentenced defendant to the upper term of three years on the Vehicle Code offense and a consecutive eight months on the Penal Code offense, for a total of three years eight months.
In imposing the upper term, the trial court relied on three aggravating factors, all related to recidivism: (1) defendant had a number of prior convictions both as an adult and sustained petitions as a juvenile which are numerous and of increasing seriousness; (2) defendant was on probation at the time the crime was committed; and (3) defendant had mixed results in terms of his performance on probation. The judgment and sentence are affirmed.
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