P. v. Tolliver
Appellant Nathan Tolliver III was convicted of two counts of resisting an executive officer (Pen. Code, 69) and one count of evading an officer with willful disregard for safety (Veh. Code, 2800.2, subd. (a)). He was sentenced to the upper term on each count. He appeals his conviction on the ground that the court improperly excluded evidence that would have supported his necessity defense. He also argues that his sentence violates the Sixth Amendment to the United States Constitution under Cunningham v. California (2007) U.S. (127 S.Ct. 856] (Cunningham). Court affirm the judgment.
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