People v. Larson CA4/1

Filed 4/2/14 P. v. Larson CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D063899

Plaintiff and Respondent,

v. (Super. Ct. No. SCE195230)

HARVEY EUGENE LARSON,

Defendant and Appellant.

APPEAL from a judgment and order of the Superior Court of San Diego County,

Louis R. Hanoian and David J. Danielson, Judges. Affirmed.

Defendant Harvey Eugene Larson was convicted of one count of resisting an

executive officer (Pen. Code,1 § 69; count 1) and one count of exhibiting a deadly

weapon to a police officer to resist arrest (§ 417.8; count 2). It was also found that

Larson personally used a deadly or dangerous weapon in the commission of count 1

(§ 12022, subd. (b)(1), he had three prison priors (§ 667.5, subd. (b)), one serious felony

prior (§ 667, subd. (a)(1)), and three strike priors (§§ 667, subds. (b)-(i), 1170.12).

1 All further undesignated statutory references are to the Penal Code.

Thereafter, the court declined to strike one of Larson's strike priors. The court

sentenced him to a term of 25 years to life, plus nine years, consisting of 25 years to life