P. v. Garcia
Appellant Nicholas Garcia, appeals from a judgment of conviction entered after a jury found him guilty of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)).[1] The jury also found true the allegation that appellant personally inflicted great bodily injury upon the victim (§ 12022.7, subd. (a)). Appellant admitted that he had suffered a prior felony conviction of first degree burglary (§ 459) within the meaning of section 667, subdivision (a)(1) and the “Three Strikes†law (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)). After denying appellant’s Romero[2] motion, the trial court sentenced appellant to nine years in state prison, consisting of the low term of two years on the assault charge doubled pursuant to the Three Strikes law to four years, plus a five-year serious felony enhancement (§ 667, subd. (a)(1)). The court struck the punishment for the great bodily injury enhancement (§ 12022.7, subd. (a)).
Appellant contends he received ineffective assistance of counsel when his attorney failed to request a jury instruction on the defense of accident. Appellant also contends that the trial court abused its discretion in refusing to strike his prior felony strike. We reject these contentions and affirm the judgment.
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