People v. Cavanaugh CA3

BACKGROUND

Defendant was charged with evading an officer with willful disregard (Veh. Code, § 2800.2, subd. (a) – count one); resisting an executive officer (§ 69 – counts two & three); possession of a deadly weapon (§ 12020, subd. (a) – counts four & five); driving under the influence (DUI) (Veh. Code, § 23152, subd. (a) – count six); driving while intoxicated (Veh. Code, § 23152, subd. (b) – count seven); driving with a suspended license for a prior DUI (Veh. Code, § 14601.2, subd. (a) – count eight); hit- and-run driving (Veh. Code, § 20002, subd. (a) – count nine); reckless driving (Veh. Code, § 23103, subd. (a) – count ten); and possession of an open container of alcohol (Veh. Code, § 23222, subd. (a) – count eleven). It was also alleged that defendant had previously been convicted of two serious or violent felonies under the three strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), one in 1986 and another in 1998. In addition, it was alleged that as to counts one through five, defendant was out on bail in two cases, one in Lassen County and another in San Joaquin County, at the time the charged offenses were committed, within the meaning of section 12022.1. On…