People v. Burch CA4/3

FACTS AND PROCEDURAL BACKGROUND

A jury convicted defendant of attempted murder, aggravated mayhem, domestic battery, three counts of child endangerment and one count of child abuse.2 It also found true enhancement allegations concerning personal use of a deadly weapon (§ 12022, subd. (b)(1)), and infliction of great bodily injury during domestic violence (id., subd. (e)). Prior to sentencing, the court found true allegations defendant had suffered two prior strikes (§§ 667, subds. (d), (e)(2)(A), 1170.12, subds. (b), (c)(2)(A)) and one prior serious felony conviction (id., subd. (a)(1)) in Nevada. Accordingly, it sentenced defendant to 24 years to life in prison, plus a consecutive determinate term of 13 years. Defendant appealed and another panel of this court found error regarding defendant’s sentence. The unpublished opinion upheld defendant’s convictions but concluded there was insufficient evidence to support the trial court’s finding that the Nevada priors were valid prior strikes and a prior serious felony conviction. (People v. Burch (Aug. 4, 2020, G057270) [nonpub. opn.].) Appellant’s sentence was vacated and

All further statutory references are to the…