People v. Whitmer CA3

BACKGROUND

In 2013, in case number CRF12-0000623, a jury found Whitmer guilty of recklessly evading a peace officer (Veh. Code, § 2800.2, subd. (a)), driving a vehicle without the owner’s consent (Veh. Code, § 10851, subd. (a)), and resisting a peace officer (§ 148, subd. (a)(1)). Whitmer admitted that he had served two prior prison terms and that he had a prior strike. Then, in case number CRF13-0000195, Whitmer pleaded no contest to assault with a deadly weapon (§ 245, subd. (a)(1)) and admitted that he inflicted great bodily injury on a person other than an accomplice (§ 12022.7, subd. (a)) and that he had suffered a prior serious felony conviction (§ 667, subd. (a)) and a prior strike. The trial court sentenced Whitmer to eight years (the upper term doubled due to the prior strike) for the assault, 16 months (one-third of the middle term doubled due to the prior strike) each for the evasion conviction and for unlawfully taking a vehicle, a concurrent term of one year for the misdemeanor offense of resisting a peace officer, three years for the great bodily injury enhancement, five years for the prior serious felony enhancement, and one year for each of the two prior prison…