Tennard

People v. Tennard

Good Law
18 Cal. App. 5th 476·226 Cal. Rptr. 3d 652
Court of Appeal of CaliforniaDecember 13, 2017E065086California3,884 words

Opinion

lead Opinion

Fields, J.

*480 I. INTRODUCTION

A jury convicted defendant and appellant, Thomas Raymillier Tennard, Jr., of a nonstrike felony: inflicting corporal injury resulting in a traumatic condition upon his cohabitant girlfriend, M.L. ( Pen. Code, § 273.5, subd. (a).) 1 The court found defendant had four prison priors (§ 667.5, subd. (b)) and two prior strikes (§ 667, subds. (b)-(i)), including a 1991 conviction for forcible rape, a "super strike" (§§ 261, subd. (a)(2), 667, subd. (e)(2)(c)(iv)(I)).

Pursuant to the Three Strikes Reform Act of 2012 (Prop. 36, as approved by voters, Gen. Elec. (Nov. 6, 2012)), defendant was sentenced to 25 years to life in prison for his domestic violence conviction, even though it was neither a serious nor a violent felony. (§ 667, subd. (e)(2)(A).) Because his prior forcible rape conviction was a "super strike," defendant was disqualified from being sentenced to a lesser term of "twice the term otherwise provided" for a domestic violence conviction. (§ 667, subd. (e)(1), *481 (e)(2)(C)(iv)(I).) Defendant was sentenced to a consecutive one-year term for one of his four prison priors. 2 (§ 667.5, subd. (b).)

In this appeal, defendant claims the court had no…

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