P. v. Wilson
Court appeals from the judgment entered following his pleas of no contest to count 1 assault by means likely to produce great bodily injury (Pen. Code, 245, subd. (a)(1)), two counts of misdemeanor vandalism (Pen. Code, 594, subds. (a), (b)(2)(A); counts 2 and 5), count 3 felony vandalism (Pen. Code, 594, subds. (a), (b)(1)), and count 4 battery against a person with whom appellant had a dating relationship (Pen. Code, 243, subd. (e)(1)) with an admission that he suffered a prior felony conviction (Pen. Code, 667, subd. (d)). The court sentenced appellant to prison for four years.
Court hold the trial court properly refused to strike, pursuant to Penal Code section 1385, appellants Three Strikes law prior felony conviction. In light of the nature and circumstances of appellants current felony offenses and the qualifying prior conviction (a 2001 terrorist threats conviction), and in light of the particulars of his background, character, and prospects, appellant cannot be deemed outside the spirit of the Three Strikes law as to the prior conviction. Court also hold the trial court must amend the abstract of judgment to reflect that appellants conviction on count 1 was for assault by means likely to produce great bodily injury, and not assault with a deadly weapon.
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