P. v. Garcia CA4/1
A jury found Juan Manuel Garcia guilty of one count of evading an officer with reckless driving (Veh. Code, § 2800.2, subd. (a)), and one count of child abuse (Pen. Code, § 273a, subd. (b)). Garcia admitted a prior strike (id., §§ 667, subds. (b)-(i), 668, 1170.12), and the trial court sentenced Garcia to four years in prison.
Garcia contends (1) the trial court prejudicially erred in not amplifying the jury instruction on evading an officer with reckless driving to define some of the underlying traffic violations that Garcia was alleged to have committed while he was being pursued by law enforcement; (2) he received ineffective assistance of counsel because defense counsel did not object to an incorrect statement of law made by the prosecutor during closing argument; and (3) the trial court prejudicially erred in not instructing the jury regarding the lesser included offense of misdemeanor evading an officer (§ 2800.1). We conclude that Garcia's arguments lack merit, an
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