P. v. Perez CA4/1
Anthony Perez appeals his jury-tried convictions for assault with a deadly weapon, second degree robbery (§§ 211, count 2), and resisting, delaying, or obstructing a peace officer. After finding that Perez had two prior strikes, the court sentenced him to prison for 25 years to life.
On appeal, Perez contends that the court gave incomplete instructions on antecedent assault, which was the basis of his self-defense claim. In the event we determine that the court had no sua sponte duty to give an additional antecedent assault instruction, and to avoid forfeiture of the issue on appeal, Perez contends his attorney's failure to request such an instruction constituted ineffective assistance. Perez also contends the court abused its discretion by denying his Romero motion.
We reject Perez's contentions; however, the matter must be remanded for resentencing because the record does not indicate that the court sentenced Perez on counts 2 and 3.
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