P. v. Herrera CA2/4
A jury convicted defendant Maria Herrera of assault with a deadly weapon, and found not true the allegation that she inflicted great bodily injury (§ 12022.7, subd. (a)). She admitted having suffered a prior conviction: a 2011 gang-enhanced (§ 186.22) conviction for drawing or exhibiting a firearm in the presence of a motorist driving on a public street (§ 417.3). She admitted that the conviction qualified as a strike, a serious felony and a prior prison term (§ 667.5, subd. (b)). The trial court denied defendant’s motion to strike her prior strike conviction (People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero)), and sentenced her to a term of 11 years in state prison: the middle term of three years for the conviction of assault with a deadly weapon, doubled to six years based on the prior strike conviction, plus a consecutive five year enhancement for the prior serious felony. The court “stayed” the prior prison term enhancement.
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