People v. Pearson CA2/4

INTRODUCTION

A jury convicted defendant Mark Pearson of driving a vehicle without consent. The trial court sentenced him to the upper term, doubled under the Three Strikes law. Pearson contends the court abused its discretion by imposing the upper term and by not dismissing his prior strike conviction. He also contends the court failed to timely admonish the jury to disregard a witness’s volunteered statement. We hold Pearson’s claims are forfeited and affirm the judgment.

PROCEDURAL BACKGROUND

The Los Angeles County District Attorney’s Office filed an information charging Pearson with driving a vehicle without consent of the owner (Brett Clark) (Veh. Code, § 10851, subd. (a)). It was alleged that Pearson was convicted of the same crime on March 5, 2012 in Orange County (case No. 12WF0372) (Pen. Code, § 666.5),1 and of first degree burglary (§ 459), a serious or violent felony (§§ 667, 1170.12), on August 17, 2015 in Riverside County (case No. SWF1501387). The following aggravating factors were alleged: Pearson suffered prior convictions that were numerous or of increasing seriousness (Cal. Rules of Court, rule 4.421(b)(2)); Pearson served a prior term in prison or county jail…