People v. Dixon CA4/2

I.

INTRODUCTION

Defendant and appellant Gemmel A. Dixon appeals following a resentencing 1 hearing where the trial court struck defendant’s two one-year prior prison (Pen. Code,

§ 667.5, subd. (b)) term enhancements pursuant to section 1172.75 and reaffirmed

defendant’s upper term sentence of four years, doubled to eight years due to the prior

strike conviction defendant had admitted. On appeal, defendant contends the trial court

erred and abused its discretion in denying his request to resentence him to a lower or

middle term pursuant to Senate Bill No. 567 and the amended provisions of section 1170,

subdivision (b). We reject this claim and affirm the judgment.

II.

PROCEDURAL BACKGROUND

In May 2017, an information was filed charging defendant with assault by means

of force likely to produce great bodily injury (§ 245, subd. (a)(4)) and willful

endangerment likely to produce great bodily harm or death to a child (§ 273a, subd. (a)).

The information also alleged that defendant had sustained two prior prison terms

(§ 667.5, subd. (b)) and two prior serious and/or felony strike convictions (§§ 667, subds.

(b)-(i), 1170.12, subds. (a)-(d)) for a 1997 manslaughter…