P. v. Cannon CA4/3
Samuel Jerry Cannon delivered a backhanded fist punch to the face of a 7 Eleven store clerk. The clerk suffered a fractured nose and chipped teeth as a result. A jury convicted Cannon of one count of assault by means of force likely to produce great bodily injury and found true the allegation that he personally inflicted great bodily injury on the victim. At a bench trial, the trial court found true the allegations Cannon had been convicted of a prior serious and violent felony under Penal Code section 667, subdivision (a)(1), and that conviction constituted a prior strike under sections 667, subdivisions (d) and (e)(1) and 1170.12, subdivisions (b) and (c)(1). The trial court struck the great bodily injury enhancement and the prior strike for purposes of sentencing. The court sentenced Cannon to the low term of two years on the assault count and five years on the prior serious and violent felony enhancement, for a total term of seven years.
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