P. v. Rascon CA2/6
Christian Rascon appeals from the judgment entered after his conviction by a jury of threatening to commit a crime that would result in great bodily injury or death. (Pen. Code, § 422.) The jury found true an allegation that he had used a deadly weapon (“a stabbing instrument”). (§ 12022, subd. (b)(1).) Appellant admitted two prior prison terms (§ 667.5, subd. (b)), one prior serious felony conviction (§ 667, subd. (a)(1)), and one prior serious or violent felony conviction (“strike”) within the meaning of California’s “Three Strikes” law. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) The trial court dismissed one of the prior prison terms. It denied appellant’s motions to dismiss the strike and reduce the felony offense to a misdemeanor. It sentenced him to prison for nine years, eight months.
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