P. v. Ervin
Appellant was convicted by jury of assault by means of force likely to produce great bodily injury. (Pen. Code, 245, subd. (a)(1).) He was acquitted of a charge of assault with a deadly weapon with a 15-pound dumbbell. The jury found true the allegation that appellant had personally inflicted great bodily injury upon the victim. ( 12022.7, subd. (a).) Appellant admitted that he had three prior serious felony convictions within the meaning of the Three Strikes law ( 667, subds. (b)-(i), 1170.12, subd. (a)-(d)) and one prior serious felony conviction within the meaning of section 667, subdivision (a)(1). He also admitted having served three prior prison terms. ( 667.5, subd. (b).)
The trial court sentenced appellant to 25 years to life under the Three Strikes law. It struck the prison term priors but imposed an additional 5 - year enhancement pursuant to section 667, subdivision (a)(1), for a total aggregate term of 30 years to life in state prison. Court affirm.
Comments on P. v. Ervin