People v. Vicario CA4/2

I.

INTRODUCTION

A jury convicted defendant Rudolph Valdez Vicario of one count of assault with a

deadly weapon (Pen. Code,1 § 245, subd. (a)(1), count 2), and one count of possessing a

slungshot2 (§ 22210, count 3). In a bifurcated proceeding, defendant admitted to

suffering six prior prison terms. (§ 667.5, subd. (b).) After relieving defendant’s public

defender and granting defendant’s motion to represent himself (see Faretta v. California

(1975) 422 U.S. 806 (Faretta)), the trial court denied defendant’s new trial motion and

sentenced him to the middle term of three years on count 2, deemed count 2 to be the

principal count, and sentenced defendant to eight months (one-third the middle term of

two years) for count 3, to be served consecutively with the sentence on count 2. The trial

court also sentenced defendant to one year for each of defendant’s six admitted prior

prison terms, to be served consecutively with the sentence on count 2, for a total sentence

of nine years eight months in state prison.

Unless otherwise indicated, all additional statutory references are to the Penal Code.

2Not to be confused with a slingshot (People v. Mulherin (1934) 140…