Can a defendant appeal his sentence for fleeing the police while fleeing from the police?

California, United States of America


The following excerpt is from People v. Eichler, C084688 (Cal. App. 2018):

A jury convicted defendant of driving with willful disregard for the safety of persons or property while fleeing the police. Defendant admitted five prior strike convictions under sections 1170.12 and 667: attempted robbery, three convictions of robbery, and assault with a deadly weapon. Defendant also admitted two prison priors pursuant to section 667.5, subdivision (b). The court sentenced defendant to 27 years to life in state prison. Defendant appealed his sentence and we ordered a remand for resentencing so the court could consider its discretion to strike a prior conviction pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497. The court denied defendant's request to strike any of his prior convictions.

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