People v. Hunter CA4/1

INTRODUCTION

Norvel Hunter led California Highway Patrol (CHP) officers on a high- speed chase during which he drove his vehicle recklessly and while under the influence of alcohol. He pleaded guilty to four criminal charges in connection with the chase: evading a peace officer with reckless driving

(Veh. Code,1 § 2800.2, subd. (a); count 1); driving while under the influence of alcohol (§ 23152, subd. (a); count 2); driving while having a blood alcohol level of 0.08 or higher (id., subd. (b); count 3); and driving with a suspended or revoked driving privilege (§ 14601.1, subd. (a); count 4). The trial court sentenced Hunter to eight months in prison for count 1, ordered the sentence for count 1 to run consecutive to a 32-month sentence imposed in a prior criminal case, and imposed concurrent one-year sentences for counts 2 through 4 with credit for time served. On appeal, Hunter contends the court should have stayed punishment for either count 2 or count 3 under Penal Code section 654 because both charges arose from the same act of driving after excessive drinking. He also claims the abstract of judgment does not accurately reflect the number of credits to which he is entitled.…