Kimbell

People v. Kimbell

Good Law
168 Cal. App. 4th 904·2008 Cal. App. LEXIS 2353·85 Cal. Rptr. 3d 796
Court of Appeal of CaliforniaNovember 25, 2008B202422California1,567 words

Opinion

Opinion

Bigelow, J.

Patricia Kimbell appeals from a conviction following a jury trial. She contends the sentencing enhancements based on her prior convictions should be stricken because the jury was officially discharged before a trial on her prior convictions could be held and the trial court was without jurisdiction to reconvene it. Kimbell also argues the trial court miscalculated her presentencing credits. We modify the judgment to reflect the correct number of conduct credits and affirm in all other respects.

FACTS

On May 21, 2007, Kimbell was speeding on a residential street when police officers in a patrol car attempted to pull her over. She then led the officers in a high-speed car chase. After the officers used a PIT maneuver to stop her, Kimbell rammed into one of the patrol cars, causing minor injuries to two officers. Kimbell exhibited signs of intoxication, but refused to perform a sobriety test.

In an information, Kimbell was charged with two felony counts of assault on a peace officer (Pen. Code, § 245, subd. (c)), one felony count of driving under the influence (DUI) (Veh. Code, § 23152, subd. (a)), one felony count of evading a police officer (Veh. Code, § 2800.2, subd.…

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