People v. Leon CA4/1

INTRODUCTION

Zahir Vladimir Leon appeals from his judgment and Three Strikes sentence of 25 years to life for assault by means likely to produce great bodily

injury (Pen. Code,1 § 245, subd. (a)(4)). The two strike priors are convictions for assault with a deadly weapon with gang and great bodily injury enhancements, arising from an incident in which Leon stabbed two victims with a knife. He asserts (1) our reversal of a great bodily injury enhancement attached to one of the strike priors and remand for full resentencing, in a prior unrelated appeal, is a circumstance warranting remand for full resentencing in this case; and (2) the sentencing court erred in its determination that the two prior convictions for assault with a deadly qualified as two separate strikes. We disagree with both contentions and affirm.

Undesignated statutory references are to the Penal Code.

BACKGROUND

I. Conviction Offenses In June 2023, pending sentencing in case SCN407998, Leon was incarcerated at the Vista Detention Facility and housed in module four of the upper west house. The upper west house comprised six modules, each with 16 cells, and housed a total of 32 inmates, two per cell. A…