P.

INTRODUCTION

A jury convicted Joseph Marcos Lopez of evading a police officer with reckless

driving (Veh. Code,1 § 2800.2, subd. (a)) (reckless evading). In addition, he pleaded

guilty to driving without a license (§ 12500, subd. (a)), and he admitted having a prior

Further statutory references are also to the Vehicle Code unless otherwise stated. strike conviction (Pen. Code, §§ 667, subds. (b)-(i), 1170.12) and a prior prison

conviction (Pen. Code, §§ 667.5, subd. (b), 668).

At the sentencing hearing, the trial court struck the punishment for the prior prison

conviction finding, but declined Lopez's invitation to dismiss the prior strike conviction

finding. The trial court sentenced him to six years in prison, consisting of the upper term

of three years for the reckless evading conviction doubled for the prior strike conviction.

The trial court also awarded Lopez 177 days of conduct credit under former Penal Code

sections 2933 (Stats. 2010, ch. 426, § 1, eff. Sept. 28, 2010) and 4019 (Stats. 2010, ch.

426, § 2, eff. Sept. 28, 2010).

Lopez appeals, contending we must reverse his reckless evading conviction

because the trial court failed to instruct…