California Court of Appeal

Defendant's conviction and sentence for aggravated assault is affirmed, where: 1) a serious felony conviction must be treated as such when imposing a sentence enhancement for a later-committed crime, despite the reduction of the previous serious felony to a misdemeanor, so the trial court did not err in imposing a 5 year sentencing enhancement based on defendant's prior serious felony conviction; 2) the trial court did not err in its pretrial review of the personnel records of the arresting officer; 3) the trial court did not err in instructing the jury as to how it could use evidence of defendant's voluntary intoxication; and 4) the trial court did not err by failing to dismiss one of defendant's prior serious felony convictions for purposes of sentencing under the "Three Strikes" Law.

Appellate Information

• Decided 03/15/2013
• Published 03/15/2013

Judges

• FYBEL

Court

• California Court of Appeal

Counsel