California Court of Appeal

Trial court's sentencing of defendant to an indeterminate term of 25 years to life to run consecutive to a determinate term of four years for child endangerment, evading a police officer, and hit and run causing property damage, is reversed and remanded for resentencing as the four-year term imposed on the Vehicle Code section 2800.2 conviction should have been stayed pursuant to Penal Code section 654 as there was sufficient evidence that the jury could have found that defendant's conduct constituted willful and wanton disregard for the safety of the minor in his vehicle and the other driver as well as the other driver's car.

Appellate Information

• Decided 11/13/2009
• Published 11/13/2009

Judges

• MIHARA, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Dallas Sacher, Under Appointment of the Sixth District, Appellate Program, for Appellant.


• For Appellees:
  
• Edmund G. Brown, Jr., Attorney General for the State of California, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Stan Helfman, Supervising Deputy Attorney General, Jeffrey M. Laurence, Deputy Attorney General, for Respondent.