Finney

People v. Finney

Good Law
139 Cal. Rptr. 3d 484·2012 Cal. App. LEXIS 376·204 Cal. App. 4th 1034·2012 WL 1094710
Court of Appeal of CaliforniaApril 3, 2012No. B230471California2,082 words

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.…

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