P. v. Whitfield CA5
Appellant David Whitfield hit Raymond S. in the face with a beer bottle and later solicited a fellow jail inmate to murder Raymond. A jury convicted Whitfield of assault by means of force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(4); count 1) and assault with a deadly weapon (§ 245, subd. (a)(1); count 2), both with enhancements for inflicting great bodily injury (§ 12022.7, subd. (a)), and also convicted him of solicitation to commit murder (§ 653f, subd. (b)). In bifurcated proceedings, the court found true the allegations that appellant had suffered a prior serious felony conviction (§ 667, subd. (a)(1)) and two prior strike convictions (§ 667, subd. (b)-(i); § 1170.12). The court granted in part Whitfield’s Romero motion and struck the oldest of Whitfield’s prior strike convictions. Whitfield was sentenced to a determinate 22-year prison term.
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