People v. Perez CA5

INTRODUCTION

Defendant Steven Anthony Perez stabbed a man several times and a jury convicted him of assault with a deadly weapon. The trial court found true that defendant had two prior strike convictions within the meaning of the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)–(i), 1170.12).1 Thereafter, the court sentenced him to prison for a term of 25 years to life plus 13 years. Defendant appeals his sentence, arguing that the trial court abused its discretion by denying his motion to strike his prior strike conviction pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 and for failing to strike other sentencing enhancements. We reject defendant’s claim and affirm the judgment.

PROCEDURAL BACKGROUND

The District Attorney of Merced County filed a second amended information on February 15, 2024,2 charging defendant with assault with a deadly weapon (§ 245, subd. (a)(1)), and also alleged defendant personally inflicted great bodily injury (§ 12022.7, subd. (a)), three prior strike convictions within the meaning of the Three Strikes law (§§ 667, subds. (b)–(i), 1170.12), three prior serious felony convictions (§ 667, subd. (a)), and several aggravating…