P. v. Mendez
Defendant Carlos Bernadino Mendez, Jr., pled no contest to assault with a deadly weapon after swinging a knife at a man and telling him, were going to kill you white boy. (Pen. Code, 245, subd. (a)(1); further section references are to the Penal Code unless otherwise specified.) Defendant also admitted that he had a prior serious felony conviction a year earlier for making a criminal threat by holding a paring knife to his mothers throat and saying, Ill slice your throat, bitch. In exchange for his plea, additional charges were dismissed, and the People agreed not to file a new felony assault case that was alleged to have occurred in the Butte County Jail while [the] case was pending. Based on defendants plea, the trial court found that he violated conditions of his probation in . . . three other matters. On appeal, defendant contends that the trial court abused its discretion by refusing to strike the prior conviction and by imposing the upper term for the assault. Court disagree and shall affirm the judgment.
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