P v. Stone
Following a jury trial, defendant Phillip Stone was convicted of all five charged counts arising from a traffic stop and subsequent car chase: evading a peace officer while driving recklessly (Veh. Code, § 2800.2, subd (a); count 1) and in opposing traffic lanes (Veh. Code, § 2800.4; count 2), being a felon in possession of a firearm (Pen. Code, § 29800, subd. (a)(1); count 3) and ammunition (§ 30305, subd. (a); count 4), and possession of an assault weapon (§ 30605, subd. (a); count 5). On appeal, defendant contends the trial court erred in excluding evidence of third party culpability. He also asserts two sentencing errors. First, he contends the court erred in imposing the upper term for all five counts without giving reasons for doing so. Second, he argues the abstract of judgment incorrectly fails to reflect that three of the terms were stayed pursuant to section 654. The Attorney General concedes the second claim of sentencing error.
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