People v. Montgomery CA3

BACKGROUND

On the night of January 29, 1998, defendant sped past a highway patrol officer and led police on a high speed chase before being apprehended. When apprehended, he was found to be in possession of methamphetamine and a hypodermic needle and without a driver’s license. A jury convicted defendant of willful evasion of a police officer (Veh. Code, § 2800.2), possession of methamphetamine (Health & Saf. Code, § 11377), unlawful possession of a hypodermic needle (Bus. & Prof. Code, former § 4140), driving without a license (Veh. Code, § 12500), reckless driving (Veh. Code, § 23103), and sustained two strike allegations. Defendant admitted three prior prison term allegations and the trial court sentenced him to 30 years to life. Defendant appealed his conviction, which this court affirmed in March 2000. Defendant filed a petition for resentencing pursuant to section 1170.126 on February 4, 2014. The People filed an opposition later that month. Attached to the opposition was a copy of the probation report for defendant’s most recent conviction. The probation report recited defendant’s criminal record, which included three convictions for resisting or delaying a peace officer…