P. v. Barrera CA5
Defendant Julio Lerma Barrera was charged with one felony count of evading a peace officer while driving recklessly (Veh. Code, § 2800.2, subd. (a); count 1) and one misdemeanor count of failing to appear on a citation (Pen. Code, § 853.7; count 2). Count 2 was dismissed prior to trial. Defendant was convicted on count 1 following a trial by jury and sentenced to the middle term of two years in prison.
On appeal, defendant’s sole claim is that his conviction is not supported by substantial evidence that he drove with “willful or wanton disregard for the safety of persons or property” under section 2800.2, subdivision (a), and he seeks modification of the judgment to reflect a misdemeanor conviction for violation of section 2800.1. The People dispute defendant’s entitlement to the relief sought.
We conclude defendant’s conviction is supported by substantial evidence and affirm the judgment.
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