P. v. Alexander
Defendant was convicted by jury trial of felony assault by means of force likely to produce great bodily injury (Pen. Code, 245, subd. (a)(1)[1]). Following a court trial, the court found true a prison prior ( 667.5, subd. (b)) and a strike prior ( 1170.12).[2] Defendant was sentenced to the midterm of three years on the assault conviction, doubled because of the strike prior, plus one year for the prison prior, for a total term of seven years. He argues on appeal that insufficient evidence supported his conviction of the charged offense, that the trial court erred in admitting evidence of prior acts of domestic violence, and that the court conducted an insufficient inquiry pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden) after he expressed dissatisfaction with his trial attorney. Defendant further argues, and respondent agrees, that insufficient evidence supported the true finding that he suffered a prior prison conviction. Court order that the judgment be modified to strike the prison prior, but otherwise affirm.
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