People v. Serrano CA3

FACTS AND HISTORY OF THE PROCEEDINGS

Conviction and Original Sentencing

In April 1997, defendant and a companion barged into the victim’s apartment and confronted him in his bedroom. A melee ensued and defendant stabbed the victim in the leg and chest with a knife while the victim tried to defend himself with a baseball bat. The victim’s wounds required surgery and a three-day hospital stay. A jury found defendant guilty of assault with a deadly weapon (§ 245, subd. (a)(1)) and found true an allegation that he had been convicted of two prior serious convictions/strikes (§ 667, subds. (a), (b)-(i)). Defendant admitted two prior prison term enhancements. (§ 667.5, former subd. (b).) The trial court sentenced defendant to state prison for 25 years to life for the assault, plus 10 years total consecutive for the two prior serious felony enhancements and one year consecutive for the prior prison term enhancement. The other prior prison term enhancement was stayed. The court also imposed a $10,000 restitution fine (§ 1202.4, subd. (b)); a corresponding $10,000 parole revocation fine (suspended unless parole is revoked) (§ 1202.45); a $156 main jail booking fee (Gov. Code, former §…