Jimenez

*412 Jose Antonio Jimenez led peace officers on a high-speed chase with his four- and six-year-old daughters in the car. At one point during the pursuit, he drove straight toward a patrol vehicle in an apparent game of chicken. The deputies were forced to veer out of the way at the last moment to avoid collision. After a jury trial, the court sentenced Jimenez to a total term of 13 years, four months. On appeal, Jimenez contends the prosecution's failure to disclose a purportedly exculpatory police report violates *413 Brady v. Maryland (1963) 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 ( Brady ), and the trial court's denial of his motion for a new trial based on that newly discovered evidence was reversible error. He also contends the imposition of separate punishments for the counts of assault and evasion of a peace officer violates Penal Code section 654. 1 We reject these claims but conclude Jimenez is entitled to remand for resentencing to allow the trial court to exercise its discretion to determine whether to strike the five-year enhancement imposed under sections 667, subdivision (a)(1) and 1385, which were amended after Jimenez's sentencing, effective January 1, 2019.…