P. v. Gonzales
Defendant Daniel Lee Gonzales, a maintenance man at a motor home park, stabbed David McBride, a resident at the park, with a knife in an unprovoked assault. Defendant then assaulted other victims, threatened to stab others, and fled from the scene. Pursuant to People v. West (1970) 3 Cal.3d 595, defendant entered a negotiated plea of guilty to three counts of assault by means of force likely to produce great bodily injury and two counts of making criminal threats. In connection with one of the assault offenses, defendant admitted he personally inflicted great bodily injury. He entered his pleas and admission in exchange for the dismissal of the remaining counts and allegations (with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754 as to one of the counts for purposes of restitution only) and a stipulated prison sentence of 10 years four months the upper term of four years for one assault conviction plus a three year enhancement for infliction of great bodily injury and consecutive one third the middle terms on the remaining counts. The court sentenced him accordingly. The judgment is affirmed.
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