P. v. Walston CA3
Defendant Raymond Walston III pled guilty to possession of a controlled substance while armed with a firearm, willfully driving a vehicle on a highway in the direction opposite to lawful traffic during flight from a pursuing peace officer, and resisting an executive officer. The trial court sentenced defendant to the upper terms of imprisonment for willfully driving a vehicle on a highway in the direction opposite to lawful traffic during flight from a pursuing peace officer and for resisting an executive officer. The court further imposed $1,500 in restitution fines, a $120 court operations assessment, a $90 convictions assessment, and a $360 drug program fee. Defendant appeals the imposition of the upper terms of imprisonment and these fines, assessments, and fee.
We agree defendant’s case must be remanded for resentencing under newly enacted legislation requiring the trial court to impose a term of imprisonment not exceeding the middle term unless:
Comments on P. v. Walston CA3