P. v. Diaz
Oscar Diaz was convicted by jury of evading an officer with willful disregard (Veh. Code, § 2800.2, subd. (a)) and hit-and-run driving (Veh. Code, § 20002, subd. (a).) In a bifurcated proceeding, appellant admitted a prior strike conviction (Pen. Code, §§ 667, subds. (c)(1) & (e)(1); 1170.12, subds. (a)(1) & (c)(1)) and admitted serving two prior prison terms (§ 667.5, subd. (b)). The trial court sentenced him to eight years state prison. Appellant appeals on the ground that the trial court erred in not sua sponte instructing on the defense of necessity. We affirm.
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