P. v. Torres
Following a jury trial, Sergio Torres (appellant) was convicted of assault by means of force likely to produce great bodily injury (Pen. Code, 245, subd. (a)(1)). The allegations that he personally used a deadly weapon ( 12022, subd. (b)(1)) and that he personally inflicted great bodily injury ( 12022.7, subd. (a)) in the commission of the offense were found true. Appellant was acquitted of attempted murder ( 664/187, subd. (a)). In a bifurcated proceeding, the trial court found true the allegation that appellant had a prior strike conviction ( 667, subds. (b)-(i)).
On appeal appellant asserts the court erred in admitting evidence of a prior stabbing incident and in admitting an unknown declarants statement. He also claims there is insufficient evidence to uphold his conviction. And finally, he contends imposition of the upper term violated his constitutional rights as set forth in Apprendi v. New Jersey (2000) 530 U.S. 466 (Apprendi); Almendarez-Torres v. United States (1998) 523 U.S. 224 (Almendarez-Torres); Blakely v. Washington (2004) 542 U.S. 296 (Blakely); and Cunningham v. California (2007) 549 U.S. 270 (Cunningham). Finding no reversible error, Court affirm the judgment.
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