P. v. Riggs
Troy Anthony Riggs (defendant) appeals from the judgment entered following a jury trial resulting in his conviction of assault by means of force likely to produce great bodily injury and with a deadly weapon (Pen. Code, 245, subd. (a)(1)), with a finding of the infliction of great bodily injury under circumstances involving domestic violence ( 12022.7, subd. (e)). He admitted that he had two prior serious felony convictions ( 667, subd. (a)(1)) and that the convictions additionally qualified him for sentencing pursuant to the Three Strikes law ( 667, subds. (b)-(i), 1170.12). At sentencing, the trial court imposed an aggregate term of 39 years to life, consisting of a term of 25 years to life, enhanced by four years for the infliction of great bodily injury and by two fully consecutive terms of five years, or 10 consecutive years, for the prior serious felony convictions.
He contends (1) the trial court abused its discretion and denied him due process when it found due diligence permitting the use at trial of the victims preliminary hearing testimony, and (2) the trial court abused its discretion and denied him due process when it refused to strike one of his prior serious felony convictions pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). Court find the contentions unpersuasive and affirm the judgment.
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