P. v. Ochoa CA4/2
Defendant and appellant Juan Francisco Ochoa was charged by second amended information with attempted murder, assault with a deadly weapon, and misdemeanor battery (§ 242, count 3). As to counts 1 and 2, the amended information alleged that he personally inflicted great bodily injury. (§§ 12022.7, subd. (a) and 1192.7, subd. (c)(8).) It further alleged that defendant had one prior serious felony conviction, within the meaning of section 667, subdivision (a), and sections 667, subdivisions (c) and (e)(1) and 1170.12, subdivision (c)(1). A jury found defendant guilty of counts 2 and 3, but not guilty of count 1. The jury also found the great bodily injury enhancement on count 2 to be not true. Defendant admitted the prior conviction allegations. Prior to sentencing, a trial court granted defendant’s motion to dismiss the prior strike conviction, pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497.
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