P. v. Upton
Following a jury trial, defendant was found guilty of willfully fleeing or evading a pursuing police officer (Veh. Code, 2800.1, subd. (a)) (count 1); carrying a loaded firearm with a prior felony conviction (Pen. Code, 12031, subd. (a)(1), (2)(A)) (count 2); and possession of a firearm with a prior felony conviction (Pen. Code, 12021, subd. (a)(1)) (count 3). The trial court thereafter found true that defendant had suffered a prior prison term within the meaning of Penal Code section 667.5, subdivision (b). Defendant was sentenced to a total term of four years in state prison: the upper term of three years on count 2, plus an additional one year for the prior prison term enhancement; the sentence on count 3 was stayed pursuant to Penal Code section 654. He was also sentenced to 32 days in county jail, credit for time served, on count 1.
Court agree the abstract of judgment must be corrected but reject defendants remaining contentions.
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