P. v. Allen CA4/1
Larry Allen appeals his jury-tried convictions for assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1); count 1) and battery (§ 242; count 2), as a lesser included offense of assault with a deadly weapon. On count 1, the jury also found that Allen personally used a deadly weapon within the meaning of section 1192.7, subdivision (c)(23). Subsequently, the court found that Allen had two serious felony and strike convictions and that he served five prior prison terms. The court sentenced Allen to 15 years in prison, 10 years of which was imposed under section 667, subdivision (a)(1) for the two prior serious felony convictions.
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