People v. Cardoza CA3

BACKGROUND

A. Sacramento County Case No. 07F011523 In 2009, a jury found Cardoza guilty of assault with a deadly weapon on a peace officer (Pen. Code,1 § 245, subd. (c)), evading a peace officer while driving recklessly (Veh. Code, § 2800.2, subd. (a)), driving against traffic while evading a peace officer (Veh. Code, § 2800.4), misdemeanor hit and run (Veh. Code, § 20002, subd. (a)), and misdemeanor driving under the influence (Veh. Code, § 23152, subd. (a)). During bifurcated proceedings, the trial court found true the allegation that Cardoza was previously convicted of a serious felony (§ 667, subd. (a)) and a strike (§§ 667, subds. (b)-(i), 1170.12) in 1999. The court also found true the allegation that Cardoza served two prior prison terms (§ 667.5, former subd. (b)), one in 2002 and one in 2005. The trial court sentenced Cardoza to an aggregate term of 18 years four months, comprised of the upper term of five years, doubled to 10 years for the prior strike, for assault with a deadly weapon on a peace officer; a consecutive eight months (one-third the midterm), doubled to 16 months for the prior strike, for evading a police officer while driving recklessly; concurrent…