P. v. Jordan
In a court trial, the trial court found Edward Jordan (defendant) guilty of three counts of assault by means of force likely to produce great bodily injury and with a deadly weapon and of petty theft with a prior conviction of a theft-related offense. (Pen. Code, 245, subd. (a)(1), counts 1, 3 & 4; 666, count 2.) With respect to the current convictions, the trial court made findings that defendant inflicted great bodily injury during the assault in count 1 ( 12022.7, subd. (a)) and that the current convictions constituted serious felonies because of the use of a box cutter ( 1192.7). As to the prior conviction allegations, the trial court made findings that defendant had two prior convictions of a serious felony requiring five year enhancements ( 667, subd. (a)(1)), that he had three serious felony convictions that required sentencing pursuant to the three strikes law ( 667, subds. (b)-(i), 1170.12), and that he had served five separate prison terms for a felony ( 667.5, subd. (b)).
He appeals from the judgment and contends that the trial court improperly failed to grant his Marsden motion. (People v.Marsden (1970) 2 Cal.3d 118 (Marsden).)
The Attorney General contends that there is sentencing error requiring a remand because the record demonstrates that the trial court failed to properly impose or strike the eight section 667.5, subdivision (b), separate prison term enhancements.
Court find the contentions to be unpersuasive. However, the Peoples contention requires that we modify the judgment by indicating that the trial court properly made six findings of a prison term enhancement pursuant to section 667.5, subdivision (b), and that the six findings are stricken from the judgment. In all other respects, Court affirm the judgment.
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