P. v. Jenkins
By information filed October 26, 2005, appellant was charged with four felonies and one misdemeanor relating to crimes allegedly committed September 9, 2005. In early 2006, the trial court granted the prosecutions motion to consolidate the case with another, and denied appellants motion to try the two cases separately. An amended information was filed August 28, 2006, adding two felonies allegedly committed in July 2005, and four additional felonies allegedly committed on September 4, 2005. In addition to various enhancements, the new information alleged a prior felony conviction as a second strike under the California Three Strikes Law.[1] The trial court granted appellants section 995 motion to dismiss count 2, and later dismissed counts 6 and 7 (the July offenses), pursuant to section 1385. In October 2006, jury trial proceeded on the remaining eight consolidated counts. Appellant was convicted of carjacking (count 1), car theft (count 3), felony evasion in violation of Vehicle Code section 2800.2 (count 4), misdemeanor resisting arrest (count 5), first degree robbery (count 8), second degree robbery (count 9), assault with a deadly weapon (count 10), and aggravated mayhem (count 11). With regard to counts 8, 9, 10 and 11, the jury found true the allegation that appellant had used a deadly weapon -- a knife -- in the commission of each crime, within the meaning of section 12022, subdivision (b). As to counts 8 and 10, the jury also found true the allegation that appellant had inflicted great bodily injury on the victim, within the meaning of section 12022.7, subdivision (a). Appellant admitted that he had suffered a prior unarmed robbery conviction in the State of Michigan on December 8, 2004. On December 8, 2006, the trial court sentenced appellant to a total term of 43 years, 4 months to life in prison. Appellant thereafter timely filed a notice of appeal. The judgment is affirmed.
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