California Court of Appeal

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People v. Arnett, C047855

Conviction and sentence for assault and battery, with finding of prior strike and prior serious felony, is affirmed over claims that: 1) imposition of enhancement was unauthorized where jury made no factual finding that current offense was serious felony; 2) evidence was insufficient that defendant harbored the requisite intent for assault or battery; 3) trial court did not understand it could consider length of the sentence to be imposed when ruling on motion to strike prior strike; 4) counsel rendered ineffective assistance; and 5) imposition of an upper term sentence violated Blakely v. Washington.

Appellate Information

  • Decided 05/31/2006
  • Published 05/31/2006

Judges

  • BUTZ, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Barbara Coffman, Nevada City, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, John G. McLean and R. Todd Marshall, Deputy Attorneys General, for Plaintiff and Respondent.
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