P. v. Ybarra
Defendant was convicted by a jury of making a criminal threat (Pen. Code, 422), vandalism under $400 ( 594, subds. (a), (b)(2)(A)), battery ( 242), and attempting to prevent and dissuade a witness from testifying ( 136.1, subd. (a)(2)). The court found true three prison priors ( 667.5, subd. (b)), two serious felony prior convictions ( 667, subd. (a)(1), 1170.12, 668), and two prior convictions within the meaning of the three strikes law ( 667, subds. (b) (i), 1170.12, 668). Ybarra was sentenced to a total term of 61 years to life. Ybarra contends the court erred by admitting the victim's statement during a 911 call that Ybarra "had killed people," staying rather than striking prior prison enhancements, and failing to exercise its discretion to strike prior strike convictions on a count by count basis. Court agree the section 667.5, subdivision (b) enhancements should be stricken. In all other respects, the judgment is affirmed.
Comments on P. v. Ybarra