People v. Green CA3

BACKGROUND

Defendant was charged with one count of assault with a deadly weapon (count 1), two counts of willful infliction of corporal injury on a cohabitant resulting in a traumatic condition (counts 2 and 3), one count of possession of methamphetamine (count 4), and one count of possession of drug paraphernalia (count 5). Among other things, defendant was also alleged to have been previously convicted of two serious or violent felony offenses, qualifying as “strikes” under the three strikes law. (Pen. Code, §§ 667, subds. (b)-(i), 1170.12.) Defendant entered a plea of no contest to count 2 and admitted the two prior strike convictions. Pursuant to the terms of defendant’s negotiated plea, the trial court dismissed the remaining charges and allegations with a Harvey waiver (People v. Harvey (1979) 25 Cal.3d 754) and sentenced him to a stipulated determinate term of eight years in state prison (middle term of four years, doubled due to one of the prior strikes). While the facts underlying defendant’s conviction did not make their way into the appellate record, the parties stipulated that a factual basis could be found in Shasta County Sheriff’s Office report no. 22F034321.…