People v. Lenhart CA5

STATEMENT OF THE CASE

An information charged Lenhart with carjacking (§ 215, subd. (a); count 1), evading a pursuing peace officer (Veh. Code, § 2800.2; count 2), evading a pursuing peace officer by driving in the opposite direction of traffic (Veh. Code, § 2800.4; count 3), vandalism causing damage of $400 or more (§ 594, subd. (b)(1); count 4), and misdemeanor elder abuse (§ 368, subd. (c); count 5). The information also alleged as to counts 1 through 4 that there existed aggravating factors under California Rules of Court, rule 4.421,2 but the information did not specify the factors. During trial, the information was orally amended to specify the aggravating factors were those listed in rule 4.421(a)(1) and (a)(3).3 The jury convicted Lenhart on counts 1 through 4 but acquitted him on count 5. In a bifurcated court trial, the trial court found both aggravating factors true. The trial court sentenced Lenhart to a total term of six years, four months in prison. The court imposed the middle term of five years on count 1 (carjacking), a consecutive eight-month term on count 2 (evading), and a consecutive eight-month term

1 Undesignated statutory references are to the Penal…