P. v. Diaz CA4/1
An information charged defendant Adrian Diaz with robbery (Pen. Code, § 211—count 1) and assault with a deadly weapon (a knife) (§ 245, subd. (a)(1)—count 2). The information alleged Diaz, in committing these offenses, personally used a deadly and dangerous weapon (§ 1192.7, subd. (c)(23)); and personally inflicted great bodily injury on the victim, not an accomplice (§§ 12022.7, subd. (a), 1192.7, subd. (c)(8)).
The jury found Diaz not guilty on count 1 and guilty on count 2, and found true the two enhancements. Diaz admitted the truth of the allegation that he previously had been convicted of making a criminal threat (§ 422), which was both a strike prior (§§ 667, subds. (b)-(i), 668, 1170.12) and a serious felony prior (§§ 667, subd. (a)(1), 668, 1192.7, subd. (c)(38)).
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