Finney
People v. Finney
Opinion
Lead Opinion
Yegan, J.
*1036 Opinion
—Harley Paul Finney apparently was not paying attention when, in 1999, a judge expressly warned him that he was a “two striker.” This time, he was convicted by a jury of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)). 1 with findings that he personally used a deadly weapon and inflicted great bodily injury on the victim (§§ 12022, subd. (b), 12022.7). In a bifurcated trial, the trial court found that appellant had suffered two strike priors (§§ 667, subds. (d)-(e), 1170.12, subds. (b)-(c)) and a prior prison term (§ 667.5, subd. (b)). Appellant was sentenced to state prison as a “three striker” to a term of 29 years to life. He appeals, contending that his two prior strike convictions should only count as one strike (see People v. Burgos (2004) 117 Cal.App.4th 1209 [ 12 Cal.Rptr.3d 566 ]). He also contends that the trial court erred in not dismissing one or both of the prior strikes (see People v. Superior Court (Romero) (1996) 13 Cal.4th 497 [ 53 Cal.Rptr.2d 789 , 917 P.2d 628 ]). We will affirm the judgment.
Facts and Procedural History
On the evening of July 20, 2010, appellant, armed with a knife, stabbed Chad Robinson more than 10 times.…