Flood

People v. Flood

Good Law
108 Cal. App. 4th 504·133 Cal. Rptr. 2d 516·2003 Cal. App. LEXIS 658·2003 Daily Journal DAR 4917·2003 Cal. Daily Op. Serv. 3820
Court of Appeal of CaliforniaMay 5, 2003C040171California1,260 words

Opinion

Opinion

Nicholson, J.

In November 2001, defendant Shawn Patrick Flood pleaded no contest to a September 2000 assault with a deadly weapon and by means likely to produce great bodily injury. (Pen. Code, § 245, subd. (a)(1); further statutory references are to the Penal Code.) He admitted allegations that he personally used a knife (§ 12022, subd. (b)(1)), that he personally inflicted great bodily injury (§ 12022.7), and that he suffered a November 2000 strike conviction (§ 667, subds. (b)-(i)) in Kitsap County, Washington. His counsel stipulated that there is a factual basis for the charge and the allegations. In exchange, a count of attempted premeditated murder (§§ 187, subd. (a), 664) was dismissed along with allegations of knife use and great bodily injury. Defendant was sentenced to a stipulated state prison term of 12 years. He obtained a certificate of probable cause.

On appeal, defendant contends the matter must be remanded for resentencing because his November 2000 conviction is not a strike. We affirm the judgment.

Facts

On September 25, 2000, defendant and Derek Jasmer went drinking at several bars. Shortly after leaving Gil’s bar that evening, defendant told Jasmer that he had to…

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