P. v. Cervantes CA4/1
A jury convicted Emilio Ortiz Cervantes of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) and made a true finding that Cervantes personally inflicted great bodily injury on the victim (§ 12022.7, subd. (a)). Cervantes admitted a prior serious felony conviction (§ 667, subd. (a)(1), and a strike prior (§ 667, subds. (b)-(i)).
The court sentenced Cervantes to the upper term of four years for the assault conviction, doubled because of the strike prior. The court added three years for the great bodily injury enhancement and five years for the serious felony prior, for a total determinate term of 16 years in prison.
Cervantes appeals challenging his sentence. Cervantes contends, and the Attorney General agrees, the case must be remanded for reconsideration of the term imposed for the assault conviction in light of newly enacted amendments to section 1170.
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