P. v. Henderson
A jury convicted defendant Billy Henderson of felony evading (Veh. Code, § 2800.2, subd. (a); count I). The jury acquitted defendant of two counts of felony resisting with force or violence (Pen. Code, § 69; counts II and III) but convicted him of two counts of the lesser included offense of misdemeanor resisting arrest (Pen. Code, § 148, subd. (a)(1)). In bifurcated proceedings, defendant admitted a strike prior and four prior prison terms.
The court sentenced defendant to state prison for an aggregate term of nine years.
Defendant appeals. He contends (1) the trial court prejudicially erred in failing to instruct the jury on unanimity in connection with the two felony/misdemeanor resisting counts, and (2) the trial court erred in failing to stay the sentence on one of the two misdemeanor resisting counts. We reject both contentions and will affirm the judgment.
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