Jenkins

I. Introduction

Defendant Larry Jenkins appeals from a judgment following a bifurcated trial. The jury found defendant guilty of attempted willful, deliberate, and premeditated murder of Arlisa Coleman (Pen. Code, §§ 664, 187, subd. (a); count 1), and further found that defendant personally used a deadly and dangerous weapon (knife) during the commission of the attempted murder (Pen. Code, § 12022, subd. (b)(1)). The jury also found defendant guilty of first degree residential burglary (Pen. Code, § 459; count 2), assault by means likely to produce great bodily injury on Jamila Coleman (Pen. Code, § 245, subd. (a)(1); count 3), and making terrorist threats (Pen. Code, § 422; count 4). Defendant waived trial by jury on the truth of allegations that he had previously suffered two convictions for armed robbery (Pen. Code, § 211), and one conviction for burglary (Pen. Code, § 459), each of which constituted a serious felony (Pen. Code, § 667, subd. (a)(1)), that each of the three prior convictions constituted a “strike” under the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), and that he had previously served a separate prison term for the…

Defendant and appellant Larry Jenkins appeals from a judgment following a jury trial in which he was convicted of the burglary of the Coleman residence (Pen. Code, § 459), attempting to murder Arlisa Coleman 1 with a knife (Pen. Code, §§ 664, 187, subd. (a), 12022, subd. (b)(1)), making terrorist threats to Arlisa (Pen. Code, § 422) and assaulting by means likely to produce great bodily injury Arlisa’s teenage daughter, Jamila Coleman (Pen. Code, § 245, subd. (a)(1), and a court trial in which three prior serious felony conviction allegations were found to be true (Pen. Code, §§ 1170.12, 2 667, subd. (a)). The trial court sentenced defendant to 25 years to life for the attempted murder of Arlisa and a consecutive 25 years to life for the assault on Jamila. The trial court also sentenced defendant to 15 years for the prior serious felony conviction enhancements and one year for the weapon use enhancement. Defendant contends the trial court failed to exercise its discretion whether to impose consecutive or concurrent sentences for the attempted murder and the assault. Defendant argues the attempted murder of Arlisa and the assault on Jamila were committed on the same occasion or…

Certified for Partial Publication. [*]

Defendant Larry Jenkins appeals from a judgment following a bifurcated trial. The jury found defendant guilty of attempted willful, deliberate, and premeditated murder of Arlisa Coleman (Pen.Code, §§ 664/187, subd. (a); count 1), and further found that defendant personally used a deadly and dangerous weapon (knife) during the commission of the attempted murder (Pen.Code, § 12022, subd. (b)(1)). The jury also found defendant guilty of first degree residential burglary (Pen.Code, § 459; count 2), assault by means likely to produce great bodily injury on Jamila Coleman (Pen.Code, § 245, subd. (a)U); count 3), and making terrorist threats (Pen.Code, § 422; count 4). Defendant waived trial by jury on the truth of allegations that he had previously suffered two convictions for armed robbery (Pen.Code, § 211), and one conviction for burglary (Pen.Code, § 459), each of which constituted a serious felony (Pen.Code, § 667, subd. (a)(1)), that each of the three prior convictions constituted a "strike" under the Three Strikes law (Pen.Code, §§ 667, subds.(b)-(i), 1170.12, subds. (a)-(d)), and that he had previously served a separate…