P. v. Beard
The original complaint in this case was filed on June 20, 2006, and alleged that appellant Anthony Marcel Beard committed the following offenses: corporal injury of a spouse (count one); kidnapping (count two); false imprisonment by violence (count 3); criminal threats (count 4); and dissuading a witness by force or threat (count 5). The complaint also charged, with respect to the corporal-injury charge, an infliction-of-great-bodily-injury enhancement (Pen. Code,[1] 12022.7, subd. (e)), and that Beard had suffered five prior felony convictions within the meaning of section 667.5, subdivision (b). At the July 3, 2006, preliminary hearing, the victim, Verina Attaway, failed to appear, and the magistrate found insufficient evidence to hold Beard to answer on the great bodily injury enhancement.
Beard was sentenced to a total term of 14 years 8 months in state prison. He was sentenced to the upper term of four years for the corporal injury count, plus four consecutive years for the great-bodily injury enhancement, a consecutive one-year eight month mid term for the kidnapping count, and a concurrent two year mid term for the false-imprisonment count. The sentence included an additional five year consecutive term for the prior convictions.
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