People v. John CA3

BACKGROUND

In July 2020, defendant and the victim got into an argument at a gas station. Defendant pulled a knife and threatened to kill the victim. Defendant eventually left, and the victim called the police. In March 2021, a jury found defendant guilty on three counts of assault with a deadly weapon (§ 245, subd. (a)(1) -- counts 1 through 3), one count of making criminal threats (§ 422, subd. (a) -- count 5), and one count of possession of a concealed dirk or dagger (§ 21310 -- count 6). As to count 5, the jury found true that defendant personally used a knife. (§ 12022, subd. (b)(1).) The trial court separately found true that defendant had three prior strike convictions and three prior serious felony convictions. (§§ 667, subds. (a)-(i), 1170.12.) At the sentencing hearing, defendant moved to dismiss at least two of his prior strike conviction allegations pursuant to People v. Superior Court (Romero) (1996)

1 Undesignated statutory references are to the Penal Code.

2 13 Cal.4th 497. Defendant argued a life sentence was not appropriate because in the instant case, he had been provoked, he had been drinking, and the victim was uninjured. Agreeing in part with defendant, the…