P. v. Benton
Cory James Benton appeals the judgment entered after he pled no contest to three counts of assault with a deadly weapon or by means likely to produce great bodily injury (Pen. Code,[1] § 245, subd. (a)(1)), and two counts of possession of a firearm by a felon (§ 12021, subd. (a)(1)).[2] Appellant also admitted that he personally inflicted great bodily injury in committing the assaults (§ 12022.7, subd. (a)), and that the crimes (except one of the assault counts) were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)). The trial court sentenced him to a total term of 25 years in state prison.
Appellant is an admitted member of the Sureno criminal street gang. On February 14, 2010, he was at a party with his girlfriend Veronica Cuevas when Cuevas became involved in a physical fight with Jessica Valencia. Appellant intervened and hit Valencia. Valencia's boyfriend, Victor Gomez, hit appellant, who responded by stabbing Gomez with a knife. Appellant also stabbed Andrew Delarosa when Delarosa tried to intervene.
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