CHICANTI

People v. CHICANTI

Bad Law
1999 Cal. App. LEXIS 365·71 Cal. App. 4th 956·84 Cal. Rptr. 2d 1·99 Daily Journal DAR 3961·99 Cal. Daily Op. Serv. 3085
Court of Appeal of CaliforniaApril 28, 1999B119988California2,529 words

Opinion

Opinion

Kriegler, J.

I. Introduction

Defendant Antonio Chicanti was convicted by jury in counts 1 and 2 of robbery, in violation of Penal Code section 211, and in count 3 of felony evading an officer, in violation of Vehicle Code section 2800.2, subdivision (a). The jury found that a principal in the commission of the robberies in counts 1 and 2 was armed with a firearm within the meaning of Penal Code section 12022, subdivision (a)(1). The court sentenced defendant to the high term of five years in count 1, plus a one-year enhancement for the principal armed with a firearm allegation. Consecutive sentences were imposed in count 2 for one year, and in count 3 for eight months, resulting in a total sentence of seven years, eight months in prison.

Defendant raises two issues on appeal. First, he contends the evidence is insufficient to support the conviction in count 3 for felony evading an officer because the police car in pursuit was not distinctively marked as required by Vehicle Code section 2800.2, subdivision (a). Second, defendant contends the consecutive sentences in counts 2 and 3 were imposed in violation of the California Rules of Court.

II. Facts

A. Prosecution Evidence

Jewelry…

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