P. v. Prindle
Defendant Michael Bradley Prindle was convicted by a jury of two counts of assault with a deadly weapon in violation of Penal Code section 245, subdivision (a)(1) (hereafter section 245(a)(1)).[1] Following a court trial, the trial court found true allegations that defendant had a prior strike conviction from 1992 ( 667, subds. (b)-(i), 1170.12) and had served a prior prison term for a 1999 conviction. ( 667.5, subd. (b).) The trial court sentenced defendant to 11 years in state prison computed as follows: on count one - the middle term of three years doubled to six years pursuant to the three strikes law; on count two - one-third of the middle term doubled pursuant to the three strikes law to run consecutively;[2]plus a consecutive five year enhancement pursuant to section 667, subdivision (a), and a concurrent one year enhancement pursuant to section 667.5, subdivision (b).
On appeal, defendant challenges the sufficiency of the evidence to support the trial courts finding he had a prior serious felony conviction in 1992. Court direct the correction of a minor clerical error in the abstract of judgment and otherwise affirm the judgment.
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