P. v. Quatman
In case No. SWF020411, a jury found defendant guilty of felony evading a peace officer (Veh. Code, 2800.2)[1](count 2) and not guilty of assault with a deadly weapon on a peace officer (Pen. Code, 245, subd. (c)) (count 1). The trial court found true that defendant had served two prior prison terms (Pen. Code, 667.5, subd. (b)) and that he had violated the terms of his probation in case Nos. SWF015834 and RIM471090. [2]
In this case, defendant was sentenced to a total term of five years eight months in state prison as follows: the upper term of three years for the substantive offense, plus two years for the prior prison term enhancements, plus eight months for the probation violation in case No. SWF015834.[3] On appeal, defendant contends (1) there was insufficient evidence to sustain his conviction of evading a peace officer, and (2) the trial court erred in imposing an upper-term sentence. Court reject these contentions and affirm the judgment.
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