People v. Boon CA1/4

I. BACKGROUND

The facts of the underlying offenses are not relevant to the issue raised on appeal and thus are omitted. On September 15, 2011, appellant was charged in an amended complaint with driving in willful or wanton disregard for safety of persons or property while fleeing from a pursuing police officer (Veh. Code, § 2800.2, subd. (a) (count I)), being a driver of a vehicle involved in an accident resulting in damage to property and failing to stop his vehicle at the scene of the accident (Veh. Code, § 20002, subd. (a) (count II)), willfully resisting, delaying, and obstructing a peace officer (Pen. Code, § 148, subd. (a)(1) (count

1 III)), and driving a vehicle while under the influence of an alcoholic beverage and a drug and under their combined influence (Veh. Code, § 23152, subd. (a) (count IV)). The amended complaint also alleged one prior conviction in 2008 for driving with a blood alcohol level of .08 percent or more (Veh. Code § 23152, subd. (b)). On September 15, 2011, appellant also pled guilty to counts I, III, and IV and admitted his prior conviction while the court dismissed count II on the prosecutor’s motion. The trial court suspended imposition of sentence…