California Court of Appeal

The prison sentence of 39 years to life imposed on defendant, following his no contest plea to assault with a deadly weapon, and the trial court's finding of three prior serious or violent felony convictions within the meaning of California's "Three Strikes" law, is: 1) vacated in part, as to the finding that appellant's 1989 Tennessee aggravated assault conviction constitutes a serious or violent felony conviction within the meaning of the Three Strikes law; but 2) affirmed in all other respects, and the vacating of this true finding does not affect defendant's 39 years to life prison sentence so remand to relitigate the issue is unnecessary.

Appellate Information

• Decided 01/06/2014
• Published 01/06/2014

Judges

• YEGAN

Court

• California Court of Appeal

Counsel