P. v. Duncan CA4/3
Though it could not reach a unanimous verdict on three other counts, a jury convicted defendant Nicholas Arthur Duncan of assault by means of force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(4)). In a bifurcated proceeding, defendant admitted he had: two serious or violent prior felony convictions (§§ 667, subd. (d), 1170.12, subd. (b)); one prior serious felony (§ 667, subd. (a)(1)); and two prior felony convictions for which he had served a prison term of at least one year (§ 667.5, subd. (b)). The trial court sentenced defendant to 11 years in prison, comprised of: (1) the midterm of three years for the conviction (§ 245, subd. (a)(4)); (2) a doubling of the three-year term based on the prior strikes (§ 667, subd. (e)(1), (e)(2)(C)); and (3) a consecutive five-year term for the prior serious felony conviction (§ 667, subd. (a)(1)). The court struck the prison priors for purposes of sentencing only.
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