People v. Miles CA2/4

BACKGROUND

A jury convicted defendant and appellant Tyrone Lee Miles of assault with a deadly weapon, to wit, a knife (§ 245, subd. (a)(1), count 1), and assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4), count 2). The court found appellant had suffered a prior felony conviction for robbery, both as a serious felony (§ 667, subd. (a)) and as a prior strike (§§ 667, subds. (a)(1) & (b)-(j), 1170.12, subd. (b)). On July 28, 2017, the court sentenced appellant to 11 years in state prison, and imposed a minimum restitution fine of $300 (§ 1202.4, subd. (b)), imposed a suspended parole revocation fine in the same amount (§ 1202.45), and imposed a $40 court operations assessment (§ 1465.8) and $30 criminal conviction assessment (Gov. Code, § 70373). In his direct appeal in Miles I, we struck appellant’s conviction in count 2 for assault by means of force likely to produce great bodily injury as an impermissible dual conviction (both convictions arose out of the same course of conduct during appellant’s attack), and remanded the case for the trial court to consider whether to strike the section 667, subdivision (a) enhancement. (Id. at pp. 1, 10–11.)…