Pakes

People v. Pakes

Good Law
101 Cal. Rptr. 3d 379·179 Cal. App. 4th 125·2009 Cal. App. LEXIS 1814
Court of Appeal of CaliforniaOctober 16, 2009H032734California2,773 words

Opinion

Opinion

Mihara, J.

Defendant Milan Paul Pakes appeals from a

judgment of conviction entered after a jury found him guilty of child endangerment (Pen. Code, § 273a, subd. (a)), evading a police officer (Veh. Code, § 2800.2), and hit and mn causing property damage (Veh. Code, § 20002, subd. (a)). In a bifurcated proceeding, defendant admitted the allegations that he had two prior strike convictions (Pen. Code, §§ 667, subds. (b)-(i), 1170.12) and served a prior prison term (Pen. Code, § 667.5, subd. (b)). The trial court sentenced defendant to an indeterminate term of 25 years to life to run consecutive to a determinate term of four years. On appeal, defendant raises several issues relating to the sufficiency of the evidence, jury instructions, and sentencing. We conclude that the four-year term imposed on the Vehicle Code section 2800.2 conviction should have been stayed pursuant to Penal Code section 654. Accordingly, we reverse the judgment and remand for resentencing.

I. Statement of the Case

II. Statement of Facts

Sometime during the summer of 2001, 12-year-old Adrienne E, who lived with her family in a mobilehome park, met defendant. Defendant then became a friend to the F. family,…

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