In re Cabrera CA3

BACKGROUND

This court summarized much of the pertinent background in our decision on petitioner’s appeal from denial of his petition for resentencing under section 1170.126, People v. Cabrera (2018) 21 Cal.App.5th 470 (Cabrera).2 We wrote that petitioner “was charged by indictment with assault by means of force likely to produce GBI (§ 245, subd. (a)(1); count 1), battery with [serious bodily injury] SBI (§ 243, subd. (d); count 2), assault with a deadly weapon (former § 245, subd. (a)(2); count 3), and actively participating in a street gang (§ 186.22, subd. (a); count 4). The charges also included gang enhancements (§ 186.22, subd. (b)(1)) as to counts 1 through 3, a special allegation of personally inflicting GBI (§ 12022.7, subd. (a)) as to count 1, an allegation of personal infliction of GBI to classify count 2 as a serious felony

elements of any serious felony, shall receive, in addition to the sentence imposed by the court for the present offense, a five-year enhancement for each such prior conviction on charges brought and tried separately.” Penal Code section 1192.7, subdivision (c)(8) provides in relevant part that the meaning of “ ‘serious felony’ ” includes “any…