P. v. Matthews CA2/1
This appeal follows defendant Mildred Jean Matthews’ conviction for assault with a deadly weapon, felony vandalism, and corporal injury on a spouse. She challenges the sufficiency of the evidence to support the conviction for assault with a deadly weapon and argues that the trial court should have reduced that count to a misdemeanor. Defendant also argues that the trial court abused its discretion in denying her motion to strike a prior serious or violent felony. Finally, defendant argues that the case must be remanded to permit the trial court an opportunity to decide whether to strike a Penal Code section 667, subdivision (a) enhancement under a newly enacted statute affording trial courts such discretion.
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