People v. Kimani CA1/3

Filed 7/30/14 P. v. Kimani CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

A138975

v. EPHANTUS KIMANI, (Del Norte County Super. Ct. No. CRPB125137) Defendant and Appellant.

After a jury trial defendant Ephantus Kimani was convicted of possessing a weapon (a sharp instrument) while confined in state prison (Pen. Code, § 45021). In a bifurcated court proceeding, defendant admitted he had suffered a prior strike conviction within the meaning of the Three Strikes law (§ 667, subds. (b) – (i), 1170.12). After denying a motion to strike the prior strike conviction (§ 1385), the court sentenced defendant to state prison for an aggregate term of six years (middle term of three years doubled for the prior…