People v. Roberson CA2/2

BACKGROUND

At trial, the evidence established: On June 25, 1997, a parked Toyota minivan was stolen. On June 30, 1997, a police officer observed defendant driving the stolen vehicle. He and another officer followed defendant, each activating his respective vehicle’s lights and sirens. After entering the San Bernardino Freeway, defendant led the officers, who were joined by two California Highway Patrol (CHP) vehicles, on a high- speed chase along two freeways and surface streets for a distance of 48 miles. During the chase, he caused four to six rear-end collisions on a freeway, sideswiped a car at an on- ramp to another, ran a red light, and collided with a truck in the San Fernando Valley.

All further section references are to the Penal Code unless otherwise indicated. “On November 6, 2012, the electorate passed Proposition 36, the Three Strikes Reform Act of 2012 . . . . Proposition 36 reduced the punishment to be imposed with respect to some third strike offenses that are neither serious nor violent, and provided for discretionary resentencing in some cases in which third strike sentences were imposed with respect to felonies that are neither serious nor…