P. v. Marker
A jury convicted Garrett G. Marker of assault by means likely to produce great bodily injury (Pen. Code,[1] 245, subd. (a)(1)) and battery with serious bodily injury ( 243, subd. (d)). In connection with the assault count the jury also found Marker personally inflicted great bodily injury within the meaning of sections 1192.7, subdivision (c)(8) and 12022.7, subdivision (a). In a subsequent proceeding the trial court found Marker had a prior serious/violent felony or strike conviction ( 667, subds. (b)-(i)) and a prior serious felony conviction ( 667, subd. (a)(1)). The court sentenced Marker to 14 years in prison, consisting of the middle term of three years on the assault count doubled under the "Three Strikes" law, plus a consecutive three-year enhancement for personally inflicting great bodily injury and a consecutive five-year term for the prior serious conviction. The court imposed and stayed a concurrent six-year term for battery with serious bodily injury pursuant to section 654. Marker appeals, contending the court should have vacated his battery conviction rather than impose a stayed sentence.
Comments on P. v. Marker