People v. Garza CA4/2

I.

INTRODUCTION

A jury found defendant and appellant Eddie Neal Garza guilty of willfully and

unlawfully attempting to evade a police officer (Veh. Code, § 2800.4; count 1); evading

police with willful and wanton disregard for public safety (Veh. Code, § 2800.2;

count 2); unlawfully taking or driving a vehicle without owner’s consent with a prior

vehicle theft conviction (Veh. Code, § 10851, subd. (a); Pen. Code, § 666.5, subd. (a);

count 3); grand theft vehicle with a prior vehicle theft conviction (Pen. Code, §§ 496,

subd. (a), 666.5, subd. (a); count 4); misdemeanor possession of burglar tools (Pen. Code,

§ 466; count 5); and possession of a controlled substance (Health & Saf. Code, § 11377,

subd. (a); count 6). Defendant stipulated to the prior vehicle theft convictions alleged in

counts 2 and 3. The trial court found that defendant had suffered at least eight prior

felony convictions. Defendant was sentenced to a total aggregate term of three years,

eight months with 236 days credit for time served. Defendant appeals from an order after

judgment. Based on our independent review of the record, we find no error and affirm

the judgment.

II.

FACTUAL AND…