P. v. Cole
Defendant Rodrick Deun Cole was convicted by jury on three counts of assault with a deadly weapon involving different victims (Pen. Code,[1] 245, subd. (a)(2)). The jury found as to all counts that defendant had personally used a firearm under section 12022.5, subdivision (a).[2]In a bifurcated proceeding, defendant waived his trial rights and admitted he had suffered 12 prior serious or violent felony convictions for robbery making him subject to sentencing under the Three Strikes law and section 667, subdivision (a)(1). Prior to sentencing on September 26, 2008, the court struck all but one of defendants prior strike convictions for robbery because they arose from one occasion. Rejecting defendants plea for imposition of a less severe sentence based on the fact his prior crimes were committed when he was a juvenile, and the victims behavior led to his criminal conduct, the court imposed an aggregate sentence of 35 years in state prison.
Comments on P. v. Cole