People v. Carter CA2/1

BACKGROUND

In separate cases in 2015, Carter (1) pleaded guilty to forcible rape (Pen. Code, § 261, subd. (a)(2))1 and (2) was convicted by a jury of evading a peace officer causing injury (Veh. Code, § 2800.3, subd. (a)). Division Two of this District affirmed

Undesignated statutory references will be to the Penal Code.

2 the evading judgment. (People v. Carter (July 27, 2017, B271107) [nonpub. opn.].) In 2015 in the rape case, case No. BA435752, Carter admitted to a prior serious felony conviction and was sentenced to state prison for the low term of three years, doubled to six years as a second strike, plus five years for the prior serious felony, for a total of 11 years. In 2016 in the evading case, case No. BA424194, the trial court found that Carter had suffered a prior strike conviction, denied his motion to dismiss the strike, and sentenced him to a total of 19 years in state prison, comprising the upper term of seven years, doubled to 14 years as a second strike, plus five years for the aforementioned prior serious felony conviction. In selecting the high term, the court commented, “The conduct was extremely reckless. It was captured on video. We saw the defendant…