P. v. Diaz CA4/2
This is defendant and appellant Rafael Rodriguez Diaz’s second appeal in this case. At trial, the jury convicted Diaz on various charges and enhancements relating to three separate occasions when he fled from police to avoid arrest, including a conviction for attempted murder of a police officer. Diaz admitted to prior convictions, which included one strike prior (Pen. Code, §§ 667, subds. (c), (e)(1), 1170.12, subd. (c)(1)), one serious felony prior (§ 667, subd. (a)), and three prison priors (§ 667.5, subd. (b)). He was sentenced to a total of 64 years four months to life in prison. (People v. Diaz (Sep. 28, 2020, E071215) [nonpub. opn.] (Diaz I).)
In his first appeal, we affirmed Diaz’s convictions but remanded the case with directions to the trial court to exercise its discretion under sections 667, subdivision (a)(1), and 1385, as amended by Senate Bill No. 1393 (Stats. 2018, ch. 1013, §§ 1-2); to strike the enhancements imposed under former section 667.5, subdivision (b
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