P. v. Young
Defendant Jeremy Young stabbed a man during an altercation and then fled on a motorcycle. He led the responding police units on a high speed pursuit, during which defendant ran two red lights and traveled at speeds over 90 miles per hour. Defendant eventually lost control of the motorcycle and slid into a fence, whereupon he tried to flee on foot but was apprehended.On appeal, defendant contends the trial court erred in imposing the upper term based on aggravating factors that were not charged in the information, found by a jury, or admitted by defendant, and made the same error in imposing a consecutive term. He also claims the court violated the rule against a dual use of facts. (Cal. Rule of Courts, rule 4.425(b)(1).) Lastly, he contends the abstract of judgment must be amended to reflect the correct amount of restitution fines imposed by the court. Court agree with the latter contention. In all other respects, Court affirm the judgment.
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