P. v. Navarro
A jury found Anthony Paul Navarro guilty of one count of aggravated mayhem (Pen. Code, § 205),[1] two counts of assault with a firearm (§ 245, subd. (a)(2)), one count of assault with a deadly weapon (§ 245, subd. (a)(1)), and one count of intimidation of a witness (§ 136.1, subd. (c)(1)) arising out of a confrontation he and his father, Michael Ray Navarro, had with Jessica Dickinson and Sandra Robles.[2] The jury also found true allegations that Anthony had two prior felony convictions for purposes of the "Three Strikes" law. (§§ 667, subds. (b)-(i), 1170.12.)
The trial court sentenced Navarro to prison for 100 years to life, imposing a consecutive prison term of 25 years to life for each conviction (§§ 667, subd. (e)(2)(A)(ii), 1170.12, subd. (c)(2)(A)(ii)), but staying execution of the term imposed for the conviction of assault with a deadly weapon (§ 654). The court also ordered Anthony to pay $70 per conviction for court security and facilities fees. (§ 1465.8, subd. (a)(1); Gov. Code, § 70373, subd. (a).)
On appeal, Anthony contends the trial court erred in denying his motion for new trial, which was based on new evidence from Jessica's brother Jesse that Anthony was not present when Jessica was assaulted. Anthony also contends the court imposed an excessive amount of court security fees.
We modify the judgment to reduce the amount of court security fees and also to add to the sentence for each of Anthony's current convictions the mandatory consecutive prison term of five years for each of his prior serious felony convictions, which the superior court failed to impose. In all other respects, we affirm the judgment.
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