People v. Jenkins CA4/1

INTRODUCTION

Following a jury trial and conviction for willful cruelty to an elder

resulting in great bodily injury (Pen. Code,1 § 368, subd. (b)(1)), Kelvin Jay Jenkins filed a motion to dismiss a prior strike conviction under People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). On appeal, Jenkins contends the trial court abused its discretion in denying his motion. We disagree and affirm.

BACKGROUND

In July 2022, an 82-year-old volunteer was taking out the trash at the San Diego Automotive Museum in Balboa Park when Jenkins ran up to him and struck him in the face with a wrench. Jenkins fled the scene on a bicycle. The volunteer was taken to the hospital with a broken nose and received six stitches to close a laceration. Jenkins was arrested more than a month later in Balboa Park. In addition to charging Jenkins with willful cruelty to an elder resulting in great bodily injury, the information alleged he personally used a deadly or dangerous weapon (§§ 12022, subd. (b)(1), 1192.7, subd. (c)(23)) when he committed the offense, that the attack caused great bodily injury (§ 12022.7, subd. (c)), and that he had a serious felony prior conviction and a strike prior…