People v. Boone CA5

INTRODUCTION

Defendant Emanuel Boone stands convicted of two counts of battery on a correctional officer by gassing (Pen. Code, § 4501.1, subd. (a) (counts 1 & 2),1 resisting or obstructing correctional officers (§ 69, subd. (a) (count 3)), and custodial possession of a sharp instrument or weapon (§ 4502, subd. (a) (count 4)). As to each count, it was found true beyond a reasonable doubt that defendant suffered seven prior serious and/or violent felony convictions (strikes) within the meaning of the Three Strikes law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)) including one that qualifies as a particularly serious or violent felony, colloquially known as a super strike (§ 667, subd. (e)(2)(C)(iv)). At the sentencing hearing, the trial court declined to exercise its discretion under section 1385, subdivision (a) (§ 1385(a)), to dismiss any prior strike convictions, and imposed an aggregate sentence of 31 years to life. On appeal, defendant argues the trial court abused its discretion under section 1385 in declining to strike any prior strike convictions because it failed to adequately consider relevant mitigating factors under section 1385, subdivision (c) (§ 1385(c)). We…