People v. Grant CA3

FACTS

The facts underlying the offense are not relevant to the issues raised on appeal. Suffice it to say that defendant stole a dump truck from a construction site and attempted to go through a drive-up window at a fast-food restaurant, resulting in damage to both the restaurant’s property and the truck. Defendant failed to stop when officers attempted to pull him over. To prove the strike prior, the prosecutor presented a Penal Code section 969b 1 packet containing an abstract of judgment reflecting defendant’s 2009 conviction for violating section 245, subdivision (c) and describing the offense as “[a]ssault w/deadly weapon upon an officer.” Another document refers to defendant’s conviction as an “ADW NOT F/ARM:PO/FIRE:GBI.” The strike prior was also alleged as a prison prior. The prosecutor stated, “Moving to Case Enhancement B [prison prior] that is shown on Page 61 of the [section 969b] package, and that is a -- shows a November 5th, 2009, felony conviction for 245(c) out of Yolo County. He received the upper term of five

Undesignated statutory references are to the Penal Code.

2 years. Conviction, assault with deadly weapon upon an officer, and that conviction is…