P. v. Collins CA3
Defendant Lovalle Damon Collins and his girlfriend were visiting a resident at a senior living apartment complex in Oroville. At some point, their continued presence was no longer welcome and the onsite manager, G., asked them to leave. As G. escorted them off the property, in an admittedly annoying manner, defendant punched him once in the face, causing serious injuries to his jaw.
Defendant was convicted by jury of one count of battery causing serious bodily injury. In a bifurcated proceeding, the trial court found defendant was previously convicted of a strike offense within the meaning of the three strikes law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12) which also triggered the five-year prior serious felony enhancement (§ 667, subd. (a)(1)). Following a successful motion to strike defendant’s prior strike conviction pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497, the trial court sentenced him to serve seven years in state prison.
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