P. v. Mortensen CA3
A jury found defendant Steven Lee Mortensen guilty of driving in willful or wanton disregard for the safety of persons or property while fleeing from a pursuing peace officer (Veh. Code, § 2800.2, subd. (a)) and resisting, delaying, or obstructing a peace officer (Pen. Code, § 148, subd. (a)(1)). In a bifurcated proceeding, he admitted he had served two prior prison terms. (§ 667.5, subd. (b).) The trial court sentenced him to an aggregate term of five years in prison, calculated as follows: the upper term of three years for evading a peace officer, plus two 1-year consecutive terms for the prior prison term enhancements, plus a concurrent term of one year in county jail for resisting a peace officer. On appeal, defendant contends that his conviction for resisting a peace officer must be reversed because the crime of resisting a peace officer is a necessarily included offense of the crime of evading a peace officer.
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