People v. White CA1/5

I. BACKGROUND

A. Procedural History2 In December 1998, the People filed a felony information charging White with: (1) assault with a deadly weapon on a peace officer (§ 245, subd. (c);

1 All further statutory references are to the Penal Code unless

otherwise specified. 2 We grant the People’s unopposed request for judicial notice.

1 counts one ― three); (2) taking a vehicle (Veh. Code, § 10851, subd. (a); count four); (3) evading a police officer while driving recklessly (Veh. Code, § 2800.2; count five); (4) second degree burglary (§§ 459, 460, subd. (b); count six); (5) receiving stolen property (§ 496, subd. (a); count seven); and (6) possessing ammunition as a convicted felon (former § 12316, subd. (b)(1); count eight). The information further alleged that White had five prior strike convictions3 (§ 667, subds. (b)―(i)) and a prior conviction for taking a vehicle (§ 666.5, subd. (a)), and previously served a prison term (former § 667.5, subd. (b)). In June 1999, a jury found White not guilty as to one of the counts of assault with a deadly weapon but guilty as to all remaining counts. The trial court found the enhancement allegations to be true. At sentencing, White asked…