P. v. Piona CA3
Defendant Eric James Piona retrieved a car he did not own from the valet at a casino after he found the victim’s valet ticket. He pleaded no contest to unlawfully driving or taking a vehicle. (Veh. Code, § 10851, subd. (a).) As part of the plea agreement, he agreed to waive a jury trial on a prior strike allegation, which was based on a 2011 conviction in Pennsylvania for witness intimidation. At a subsequent court trial on the strike allegation, the trial court determined the Pennsylvania conviction constituted a serious felony under Penal Code section 1192.7, subdivision (c)(37), the intimidation of victims or witnesses in violation of section 136.1. The court therefore found the strike true, and sentenced defendant to 16 months in prison, doubled to 32 months based on the strike.
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