P. v. Caldera CA4/2
Defendant Eddie Gabriel Caldera and his cohort each threw a full two-liter bottle of soda at a Circle K employee after defendant’s EBT card was declined. Following a jury trial, defendant was convicted of assault with a deadly weapon, to wit, a soda bottle, in violation of Penal Code section 245, subdivision (a)(1). In a bifurcated proceeding, defendant admitted he had suffered three prior prison terms (§ 667.5, subd. (b)), one prior serious felony conviction (§ 667, subd. (a)), and one prior strike conviction (§§ 667, subds. (c) & (e)(1), 1170.12, subd. (c)(1)). Defendant was sentenced to a total term of 11 years in state prison (the middle term of three years, doubled to six years due to the prior strike conviction, plus an additional five years for the prior serious felony conviction) to run concurrent to a six-year sentence in an unrelated felony case. Defendant’s sole contention on appeal is that he received ineffective assistance of counsel at sentencing. We disagre
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