P. v. Gerolaga
A jury convicted defendant Anthony Oscar Gerolaga of causing serious bodily injury while evading a police officer (Veh. Code, 2800.3) and failing to perform a duty at the scene of an injury accident (Veh. Code, 20001, subd. (b)(2)).
The court sentenced defendant to state prison for the upper term of seven years for the evading offense and a consecutive one-third the midterm or one year for the failing to perform a duty offense. Defendant appeals, contending that Penal Code section 654 precluded punishment for both offenses. Court disagree and will affirm the judgment.
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