P. v. Wilkes
A jury found defendant Lenni Wilkes guilty of assault with a deadly weapon and making criminal threats. The trial court sustained allegations that defendant had prior convictions within the meaning of Penal Code section 667, subdivision (d) after defendant waived his right to a jury trial. At the sentencing hearing, the court declined an invitation to exercise its discretion under Penal Code section 1385 to strike either of the prior convictions for three strikes purposes, stating that I think this isnt even a close case . . . . It sentenced defendant to state prison.
efendant contends the trial court committed an abuse of discretion in declining to strike either prior. Court shall affirm.
The circumstances of the offenses form part of the analysis of defendants argument. Court therefore will incorporate them in the Discussion rather than relate them separately.
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