P. v. O’Bannon CA2/3
A jury found Russell O’Bannon, Jr., guilty of offenses arising out of his assault with a deadly weapon of a co-resident at a living facility. O’Bannon appeals the judgment, raising only two sentencing issues, one of which the Attorney General concedes.
A jury found O’Bannon guilty of one count of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) with a true finding on a great bodily injury allegation (§ 12022.7, subd. (a)) and one count of mayhem (§ 203) with a true finding on a personal use of a deadly and dangerous weapon allegation (§ 12022, subd. (b)(1)). The trial court thereafter found that O’Bannon had a prior strike that fell within the meaning of the Three Strikes law and constituted a five-year prior under section 667, subdivision (a)(1).
At the sentencing hearing on December 8, 2020, the prosecutor moved to dismiss the prior strike, the great bodily injury enhancement, and the five-year prior, citing a new directive from the District Attorney.
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