P. v. Meza
A jury convicted defendant Victor Manuel Meza of felony evading of a police officer (Veh. Code, 2800.2, subd. (a), count 1), assault on a peace officer with a deadly weapon (Pen. Code, 245, subd. (c), count 5),[1] felony vandalism ( 594, subd. (a)), and two misdemeanors, hit and run driving (Veh. Code, 20002, subd. (a), count 4), and driving without a license (Veh. Code, 12500, subd. (a), count 11).[2] Following his admission of one prior strike allegation ( 667, subds. (b) (i), 1170.12, subds. (a) (d)), one prior serious felony conviction ( 667, subd. (a)), and two prior prison terms ( 667.5, subd. (b)), the court sentenced him to a total term of 17 years, 4 months. He appeals, contending: (1) the trial court erred in defining the term deadly weapon, requiring reversal of his conviction for assault on a peace officer with a deadly weapon in count 5; (2) the one-year terms imposed for each of his section 667.5, subdivision (b) priors must be vacated, because his admission of those enhancements was defective; (3) the trial court violated section 654 by imposing separate sentences on his convictions for felony evading, felony vandalism, and misdemeanor hit and run driving; and (4) imposition of the upper term on count 5 violated Cunningham v. California (2007) 549 U.S. 270, and Blakely v. Washington (2004) 542 U.S. 296. Court affirm the judgment.
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