(Super. Ct. Nos. 07F10002, 08F03417)
The opinion of the court was delivered by: Nicholson , J.
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Pursuant to a plea bargain whereby defendant would be sentenced to a stipulated term of 10 years eight months, he pleaded as follows: In case No. 08F03417, no contest to felony assault (Pen. Code, § 245, subd. (a)(1))*fn1 and to driving with the intent to evade a pursuing police officer (Veh. Code, § 2800.2, subd. (a)); defendant also admitted an on-bail enhancement (§ 12022.1) and a prior strike conviction (§ 667, subds. (b)-(i)). In case No. 07F10002, no contest to second degree burglary (§§ 459, 460) and admission of the same prior strike conviction. The third case, Case No. 08F10135 was dismissed.
On April 9, 2010, the court imposed the agreed upon sentence of 10 years eight months along with various fines, fees and restitution as set forth in detail in the abstract of judgment. Defendant, who is not eligible for the increased rate of conduct credits provided by amendments to section 4019, effective January 25, 2010, because of the prior strike conviction, received 767 days actually served plus 382 days for conduct, a total of 1149 days presentence custody.
On October 17, 2007 defendant and three others entered an Autozone store and two were observed stealing stereo equipment. Defendant was confronted, lifted his shirt and displayed a firearm in his waistband. In the process, he dropped his identification card and fled. He was later arrested at home.
On April 24, 2008 defendant attempted to use his vehicle to to force a vehicle driven by S.W., his girlfriend, off the road. A law enforcement officer witnessed the incident and attempted to stop defendant, but he drove off and a chase ensued.