People v. Butcher
Annotate this CaseDefendant challenged his state prison sentence imposed after a contested a violation proceeding under Penal Code section 1203.2, subdivision (a). The court affirmed the finding that defendant violated the terms of his probation. The court also affirmed the three-year, eight-month prison sentence for violating Vehicle Code section 2800.2 where Vehicle Code section 2800.4, like Vehicle Code section 2800.2, criminalizes eluding a peace officer in a specific manner; Vehicle Code section 2800.4 applies to a person who drives backwards; Vehicle Code section 2800.2, subdivision (a) applies to a person who drives recklessly; Vehicle Code section 2800.4 was amended in 2011 to provide for realignment sentencing; and Vehicle Code section 2800.4 was later amended in 2012 to reinstate state prison sentencing. The Legislature has clearly indicated it considers driving recklessly while eluding a peace officer not to be a low-level felony. Therefore, the defendant was correctly sentenced to state prison. The January 2, 2015 oral pronouncement of judgment is modified to omit the additional probation revocation restitution fines imposed in each case; the January 9, 2015 oral pronouncement of judgment is modified to: acknowledge the previously imposed parole revocation restitution fine in the amount of $240 in case No. YA083992; impose a parole revocation restitution fine in the amount of $280 in case No. YA087652; and order 583 days of presentence custody credit and 582 days of conduct credit for a total of 1,165 days of credit. Upon remittitur issuance, the abstract of judgment must be amended to reflect those credits. Also upon remittitur issuance, the trial court is to calculate the amount of unsatisfied assessments, penalties and fines. An amended abstract of judgment is to be prepared that specifically sets forth the amounts and statutory bases thereof.
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