P. v. Potts CA2/2
In 2017, a jury convicted defendant of one count of injuring a girlfriend (§ 273.5, subd. (f)(2)) and six counts of attempting to dissuade a witness (§ 136.1, subd. (a)(2)). The trial court also found true that defendant had suffered two prior “strike” convictions (§§ 667, subds. (b)-(j), 1170.12), served five prior prison terms (§ 667.5, subd. (d)), and suffered two serious felony convictions (§ 667, subd. (a)(1)). (People v. Potts (May 3, 2019), B290757 [nonpub. opn.], p. 2.) He was sentenced to a prison term of 35 years to life, plus a determinate term of eight years eight months. (Ibid.)
Defendant appealed, and on May 3, 2019, we affirmed the judgment and remanded the matter for resentencing to allow the trial court to exercise its discretion to strike one or both of defendant’s serious felony enhancements pursuant to Senate Bill No. 1393. (People v. Potts, supra, B290757 [nonpub. opn.], at p. 3.)
On remand, the trial court declined to strike either enhancement.
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