P. v. Thomas
Michael Jerome Thomas, also known as James Michael, Miguel Thomas, Tomos Eugene Thomsa, Lil Mike, Michael James Jay, Michael James and Thomas Eugene Thomas, appeals from a judgment entered upon his conviction by jury of one count of evading a police officer, a felony (Veh. Code, 2800.2, subd. (a)), and two misdemeanor counts of hit and run driving ( 20002, subd. (a)). The trial court found to be true the allegation that appellant had suffered one prior felony strike within the meaning of Penal Code sections 1170.12, subdivisions (a) through (d) and 667, subdivisions (b) through (i) and four prior prison terms within the meaning of Penal Code section 667.5, subdivision (b). After denying appellants Romero motion, the trial court sentenced him to an aggregate state prison term of six years, consisting of the upper term of three years for the section 2800.2, subdivision (a) violation, doubled as a second strike and concurrent six month county jail terms for the two misdemeanor convictions. It stayed the four 1-year prison term priors. The trial court did not state on the record the aggravating and mitigating factors it found in imposing the upper term sentence. Appellant contends that the trial court erred (1) in failing to state on the record its findings in support of its imposition of the upper term sentence, and (2) in imposing more than the middle term because it could not do so in light of Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856] (Cunningham). Court affirm.
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