People v. Ervin CA5

INTRODUCTION

Defendant Dale Ervin was charged with driving with willful or wanton disregard for the safety of persons or property while fleeing from pursuing peace officers (Veh. Code, § 2800.2, subd. (a) [count 1]); unlawful possession of heroin (Health & Saf. Code, § 11350, subd. (a) [count 2]); unlawful possession of methamphetamine (id., § 11377, subd. (a) [count 3]); and driving under the influence of a drug (Veh. Code, § 23152, subd. (f) [count 4]). The information further alleged that he previously was convicted of a qualifying “strike” offense under the Three Strikes law (Pen. Code, §§ 667, subds. (b)- (i), 1170.12, subds. (a)-(d)) and served seven separate prison terms (id., § 667.5, former subd. (b)). Prior to trial, defendant admitted the special allegations. Following trial, the jury found him guilty as charged. Thereafter, the trial court exercised its discretion and struck two prior prison term enhancements. Defendant received an aggregate prison sentence of nine years on count 1: a doubled middle term of four years plus five years for five prior prison term enhancements. He also received concurrent 365-day jail terms on counts 2, 3, and 4. Defendant was ordered to…