P. v. Wells
Defendant Michael Wells was convicted by jury trial of evading a peace officer (Veh. Code, 2800.2)[1]and driving with a suspended license ( 14601.1, subd. (a)). The trial court sentenced defendant to 30 years to life in prison, including 25 years to life pursuant to the Three Strikes law (Pen. Code, 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), plus five years for prior prison terms served (Pen. Code, 667.5, subd. (b)).
On appeal, defendant contends (1) CALCRIM No. 2181 created a constitutionally impermissible mandatory presumption; (2) the trial court abused its discretion by refusing to dismiss defendants prior felony conviction strike allegations; (3) defendants sentence violates the prohibition against double jeopardy; and (4) defendants sentence constitutes cruel and/or unusual punishment. Court affirm.
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