P. v. Macias CA4/2
Defendant and appellant Cudberto Macias attacked a stranger and his date as they were walking down a street. Following a jury trial, defendant was convicted of assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)) as alleged in count 2. The jury also found true defendant had personally inflicted great bodily injury (§ 12022.7, subd. (a)). Defendant thereafter waived his constitutional rights and admitted he had suffered one prior strike conviction (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), one prior serious felony conviction (§ 667, subd. (a)), and one prior prison term (§ 667.5, subd. (b)) based on a prior 2002 conviction. Defendant was sentenced to a total term of 12 years in state prison with 753 days’ credit for time served as follows: the upper term of four years for the assault conviction, doubled to eight years due to the prior strike, plus the upper term of three years for the great bodily injury enhancement, plus one ye
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