P. v. Briones
Appellant was charged with eight felony counts based on incidents where he allegedly harassed his former girlfriend, destroyed property in her garage, and resisted arrest. Appellant was found guilty of felony resisting an officer by the use of force or violence, and misdemeanor vandalism. The court found he suffered three prior strike convictions, denied his motion to reduce his felony conviction to a misdemeanor, denied his request to dismiss the prior strike conviction, and imposed the third strike term of 25 years to life. On appeal, Appellant contends there is insufficient evidence he used force or violence to resist the officers and the court abused its discretion when it denied his motions to reduce his conviction to a misdemeanor and dismiss the strikes. His primary issue, however, concerns the means by which the court found his prior felony convictions were serious felonies and strikes.
Court found substantial evidence to support appellant’s felony conviction, and that the court did not abuse its sentencing discretion when it imposed the third strike term. Court also find the trial court correctly found appellant’s 1991 prior convictions were serious felonies within the meaning of the three strikes law, based on the nature of his guilty pleas and admissions in that case.
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