P. v. Castro
Defendant Jimmy Omar Castro was convicted by jury of evading an officer, a felony (Veh. Code, § 2800.2, subd. (a); count 1), and resisting an officer, a misdemeanor (Pen. Code, § 148, subd. (a)(1);[1] count 2), based on a high speed car chase by two different patrol vehicles. The trial court sentenced defendant to two years on the evading count, plus one year for a prior prison term (§ 667.5, subd. (b)). On the resisting count, the court awarded credit for time served to satisfy the sentence. The court also awarded 237 days’ presentence credit.
On appeal, defendant contends (1) the trial court should have stayed the sentence on the resisting count pursuant to section 654, (2) the trial court miscalculated his days of credit, and (3) the abstract of judgment reflects an incorrect offense. We will stay the sentence on count 2 and order the abstract of judgment amended. We will affirm as modified.
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