Fear Not Law Articles: P. v. Larios

P. v. Larios

Filed 2/21/07 P. v. Larios CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

THIRD APPELLATE DISTRICT

(Sacramento)

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THE PEOPLE,

Plaintiff and Respondent,

FERNANDO LARIOS,

Defendant and Appellant.

C051429

(Super. Ct. No. 03F01714)

Defendant Fernando Larios was convicted of possessing a sharp instrument while he was an inmate confined in state prison, and the trial court found that defendant had two prior serious felony convictions (murder and attempted murder) within the meaning of the â€

Description	Defendant was convicted of possessing a sharp instrument while he was an inmate confined in state prison, and the trial court found that defendant had two prior serious felony convictions (murder and attempted murder) within the meaning of the "three strikes law." He was sentenced to state prison for 25 years to life, to be served consecutively to his existing term. On appeal, defendant contends the trial court erred when it ruled that, based on defendant's proffered evidence, his defense of necessity was inapplicable. He also claims that his conviction constituted an invalid 'slow plea." Court affirm the judgment
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