P. v. Flores
A jury convicted Rafael G. Flores of evading an officer with reckless driving on two different occasions (Veh. Code, 2800.2, subd. (a); counts 1 & 5); with being involved in a hit and run (Veh. Code, 20002, subd. (a); count 6); possession of a firearm by a felon (Pen. Code, 12021, subd. (a)(1); count 2); carrying a concealed firearm in a vehicle by a felon ( 12025, subd. (a)(1); count 3), and carrying a loaded firearm in a vehicle by a felon ( 12031, subd. (a)(1); count 4). Following a bifurcated proceeding, the trial court found true allegations Flores had served a prior prison term ( 667.5, subd. (b)) and had previously suffered three "no probation" felony prior convictions ( 1203, subd. (e)(4)) and three prior convictions that qualified as "strikes" under the three strikes law ( 667, subd. (b)-(i); 1170.12).[3]
After denying Flores's motion for a new trial and granting his motion to strike two of his prior strikes, the court sentenced Flores to prison for a total of 11 years, consisting of an upper three year term for the count 1 evading offense doubled under the three strikes law, consecutive 16-month terms for counts 2, 3 and 5 (one third the midterm doubled under the three strikes law), plus one year consecutive for the prison prior.
After review of all briefing, the record and the law, we modify the judgment to strike the counts 1 and 5 lesser included offense convictions, stay under section 654 the term for the count 2 offense, and affirm Flores's convictions and sentence in all other respects.
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