P. v. Brogdon CA3
The details of the offenses in this case are not relevant to defendant’s appeal of her upper term sentence, so we omit them. A jury found defendant guilty of evading a peace officer (Veh. Code, § 2800.2, subd. (a)), resisting a peace officer (Pen. Code, § 148, subd. (a)), and driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)). During trial, defendant also pleaded guilty to driving with a suspended license (Veh. Code, § 14601.1, subd. (a)).
At the sentencing hearing, the trial court considered as aggravating circumstances: (1) defendant’s prior convictions (Cal. Rules of Court, rule 4.421(b)(2)); (2) prior violations of probation and parole (rule 4.421(b)(5)); (3) the fact that defendant was on probation when she committed the current offense (rule 4.421(b)(4)); and (4) defendant’s “total disregard for the safety of others” in driving under the influence, which could easily have resulted in the death of an innocent person (rule 4.421(a)(1)).
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