People v. Boelkes CA4/1

I.

INTRODUCTION

A jury found Adam James Boelkes guilty of assault by means of force likely to

produce great bodily injury (Pen. Code, § 245, subd. (a)(4)) 1 (count 1) and battery

with serious bodily injury (§ 243, subd. (d)) (count 2). With respect to both counts,

the jury found that Boelkes personally inflicted great bodily injury, within the

meaning of section 1192.7, subdivision (c)(8), thereby causing both offenses to be

serious felonies. With respect to count 1, the jury also found true a sentencing

enhancement allegation that Boelkes personally inflicted great bodily injury within the

meaning of section 12022.7, subdivision (a). In a bifurcated proceeding, Boelkes

admitted having suffered two prison priors (§ 667.5, subd. (b)), a serious felony prior

(§ 667, subd. (a)(1)), and a strike prior (§ 667, subds. (b)-(i)).

The trial court sentenced Boelkes to an aggregate sentence of 12 years in

prison. On count 1, the court imposed a sentence of seven years, consisting of the low

term of two years on the substantive offense, doubled due to the prior strike, and an

additional consecutive three-year term for the great bodily injury enhancement

(§ 12022.7, subd. (a)).…