Kelly

People v. Kelly

Good Law
240 Cal. Rptr. 3d 21·28 Cal. App. 5th 886
Court of Appeal of CaliforniaNovember 1, 2018F071934California7,383 words

Opinion

Lead Opinion

Meehan, J.

*891 INTRODUCTION

A jury convicted appellant Kevin Leroy Kelly of six counts: reckless evasion of a pursuing peace officer ( Veh. Code, § 2800.2 (count 1) ); transportation or sale of methamphetamine ( Health & Saf. Code, § 11379, subd. (a) (count 2) ); possession of methamphetamine for purpose of sale ( Health & Saf. Code, § 11378 (count 3) ); possession of a firearm by a felon ( Pen. Code, § 29800, subd. (a)(1) (count 4) ); 1 possession of ammunition by a felon (§ 30305, subd. (a)(1) (count 5) ); and possession of a short-barreled rifle or short-barreled shotgun (§ 33215 (count 6) ). The court also found true a prior strike conviction (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d) ) and nine prior prison term enhancements (§ 667.5, subd. (b) ) (section 667.5(b) ).

On July 8, 2015, the court sentenced Kelly to prison for the determinate term of 18 years 8 months based on the following: the upper term of four years for transportation of methamphetamine, doubled to eight years under the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d) ); plus eight months (one-third the midterm of two years) for reckless evasion, doubled to 16 months under the Three Strikes…

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