P. v. Erickson
A jury convicted Ricky Dwayne Erickson of assault with a deadly weapon (Pen. Code,[1] § 245, subd. (a)(1)), and found true the allegation that he personally inflicted great bodily injury on the victim (§ 12022.7, subd. (a)). Erickson waived jury trial on the alleged prior convictions and the court found true one serious felony prior conviction within the meaning of section 667, subdivision (a)(1), two serious/violent felony prior convictions (strikes) within the meaning of section 667, subdivisions (b) through (i), and two prison priors within the meaning of section 667.5, subdivision (b).
The court denied Erickson's motion to strike one of the "strike" priors. Thereafter the court imposed an indeterminate term of 25 years to life, consecutive to a determinate term of 10 years. The determinate term consists of five years for the section 667, subdivision (a)(1), prior conviction, two years for the two prison priors and three years for the great bodily injury enhancement under section 12022.7, subdivision (a).
Erickson appeals challenging only the sentence imposed. He contends the trial court prejudicially erred in stating the three-year term for the great bodily injury enhancement was "mandatory," that the trial court abused its discretion in denying his request to dismiss one of his "strike" priors and finally that there is a clerical error in the abstract of judgment. We agree the abstract of judgment should be corrected. Otherwise we find Erickson's contentions to be without merit and affirm the judgment.
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