P. v. Durbin
Defendant, Brian Charles Dubrin, committed separate offenses on different dates, while an inmate in a penal institution. He was subsequently charged with two assaults (Pen. Code,[1] 4501 [assault by a prisoner, count 1], 245, subd. (a)(1) [assault by means likely to produce great bodily injury, count 3]), one possession of a weapon while an inmate ( 4502, subd. (a), count 2), and one resisting arrest ( 69, count 4), in addition to prior conviction allegations under the Three Strikes law ( 667, subds. (b)-(i)), and two prison priors. ( 667.5, subd. (b).) The counts were consolidated for trial, and he was convicted on counts 2 through 4, but acquitted on count 1. He was sentenced to an indeterminate term of 25 years to life for count 2, with two concurrent terms of 25 years to life for counts 3 and 4, and a determinate term of one year for the prison prior. Defendant appeals from the conviction, challenging the denial of his motion for separate trials, and the trial courts refusal to strike one of his prior Strikes. Court affirm.
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