P. v. Coleman
Defendant appeals from the judgment entered following a bifurcated jury trial in which he was convicted of two counts of assault upon a peace officer (Pen. Code, S 245, subd. (c)), unlawfully taking or driving a vehicle (Veh. Code, S 10851, subd. (a)), and evading an officer while driving recklessly (Veh. Code, S 2800.2, subd. (a)), with further findings that he had previously been convicted of violating Vehicle Code section 10851 within the meaning of Penal Code section 666.5 and had sustained 13 prior convictions within the meaning of Penal Code section 667.5, subdivision (b). Defendant contends that he was prejudiced by the trial court's response to a jury question, that the trial court had a sua sponte duty to instruct on mistake of fact and claim of right, and that he was improperly sentenced for unlawfully taking or driving a vehicle. The Attorney General seeks a sentencing remand with respect to the disposition of findings made under section 667.5, subdivision (b) and the trial court's failure to impose required security fees. Court reverse in part and remand for resentencing, and affirm the judgment in all other respects.
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