P. v. Avila
Filed 8/16/06 P. v. Avila CA2/2
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE, Plaintiff and Respondent, v. ARTURO AVILA, Defendant and Appellant. | B184492 (Los Angeles County Super. Ct. No. VA080492) |
THE COURT:*
Arturo Avila appeals from the judgment entered following a jury trial resulting in his conviction of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1))[1] with court findings that he had two prior serious felony convictions (§ 667, subd. (a)) that also qualified him for sentencing pursuant to the three strikes law (§§ 667, subds. (b)-(i); 1170.12). The trial court in part granted defendant's Romero motion (People v. Superior Court (Romero) (1996) 13 Cal.4th 497) by striking one prior three strikes conviction and sentencing defendant to a 16-year term in state prison. We appointed counsel to represent him on this appeal.
After examination of the record, counsel filed an â€