People v. John CA5

INTRODUCTION

Defendant Joseph Valor John (defendant) contends on this appeal that the trial court abused its discretion when it denied his request to dismiss his enhancements under Penal Code section 1385,1 subdivision (c) and chose not to strike one of his strike convictions pursuant to Romero.2 The People disagree and contend defendant fails to demonstrate the court abused its discretion in its sentencing. We agree with the People and cannot conclude the court abused its discretion when it declined to dismiss any of his enhancements or strike his strike convictions. We affirm the judgment.

PROCEDURAL SUMMARY

Defendant was charged with attempted murder on a peace officer (§§ 664, subd. (e)/187, subd. (a), count I) and assault with a deadly weapon (§ 245, subd. (a)(1), count II).3 As to count I, it was alleged the intended victim was a peace officer (§ 664, subd. (e)) and the use of a deadly weapon caused the offense to be a serious offense (§ 1192.7, subd. (c)(23)). As to both counts, it was alleged defendant personally inflicted great bodily injury (§ 12022.7, subd. (a)) and had three prior strike convictions (§ 667, subd. (d)) and three prior serious felony convictions (§…