People v. Bennett CA6

STATEMENT OF THE CASE

An information charged defendant David Bennett with reckless driving while evading a peace officer (Veh. Code, § 2800.2, subd. (a); count 1), carrying a concealed dirk or dagger (former Pen. Code, § 12020, subd. (a)(4); count 2), resisting, delaying, or obstructing a peace officer (Pen. Code, § 148, subd. (a)(1); count 3), being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a); count 4), and driving under the influence of drugs (Veh. Code, § 23152, subd. (a); count 5). The information alleged that defendant committed counts one and two while out of custody on bail (Pen. Code, § 12022.1). The information additionally alleged that defendant had one prior strike conviction (Pen. Code, §§ 667, subds. (b)-(i)/1170.12) and had served two prior prison terms (Pen. Code, § 667.5, subd. (b)). A jury found defendant guilty on counts one, three, four, and five. The jury was unable to reach a verdict on count two, and the trial court declared a mistrial on that count. In a bifurcated proceeding, the trial court found true the on-bail allegation, the prior strike allegation, and the prior prison term allegations. The trial court…