People v. Pakes, No. H032734

Defendant's sentence 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 where the  trial court's determination that defendant maintained multiple criminal objectives with regard to his conviction for evading a police officer was not supported by sufficient evidence. Also, on resentencing, the court may reconsider its ruling on a one-year prior enhancement pursuant to Penal Code section 1385. 

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Filed November 13, 2009

Judges

Opinion by Judge Mihara

Counsel
For Appellant:    Dallas Sacher

For Appellee:  Edmund G. Brown, Jr., Attorney General, 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.