P. v. Woulldar
On November 29, 2011, an information charged defendant and appellant Bernard Leandra Woulldar with fleeing from police in a motor vehicle with willful and wanton disregard for safety of persons and property under Vehicle Code section 2800.2 (count 1); and violating a protective order under Penal Code[1] section 273.6, subdivision (a) (count 2). The information also alleged that defendant had two prior convictions resulting in prison terms under section 667.5, subdivision (b), and one prior serious or violent felony conviction under sections 667, subdivisions (c) and (e)(1), and 1170.12, subdivision (c)(1).
On January 23, 2012, before jury trial began, the trial court granted the prosecution’s motion to dismiss count 2. Trial continued through January 26, 2012. The following day, January 27, the jury found defendant guilty of count 1.
Trial on defendant’s priors was bifurcated; defendant waived his right to a jury trial on the priors. On January 30, 2012, a trial on the priors was held. The court found the priors true as alleged.
At the sentencing hearing on February 24, 2012, the trial court denied defendant’s motion to dismiss his strike prior under People v. Superior Court (Romero) (1996) 13 Cal.4th 497. The court then sentenced defendant to the upper term on count 1, doubled under the three strikes law, for six years. Defendant was sentenced to an additional two years for the two prison priors, for total of eight years.
On February 27, 2012, defendant filed his notice of appeal.
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