P. v. Brogdon
Following a jury trial, defendant was convicted of evading a police officer (count 1), driving under the influence of alcohol (count 2), and driving with a blood alcohol greater then 0.08 percent (count 3). The trial court later found true that defendant had suffered four prior prison terms. Defendant was sentenced to a total term of six years in state prison. On appeal, defendant contends (1) the trial court prejudicially erred in failing to instruct the jury sua sponte that reckless driving is a lesser included offense of felony evading a police officer, and (2) the trial court erred in imposing a fee for the cost of the presentence probation report without conducting a hearing on his ability to pay or taking a knowing and intelligent waiver of such a hearing. Court rejected these contentions and affirmed the judgment.
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