P. v. Thornton
On July 19, 2010, a jury convicted appellant, Olice David Thornton, Jr., of two counts of assault with a deadly weapon (Pen. Code,[1] § 245, subd. (a)(1)) and found true allegations that in committing one of those offenses, he personally inflicted great bodily injury (§ 12022.7, subd. (a)), and that he personally used a dangerous and deadly weapon in committing each of them. In a court trial the next day, the court found true allegations that appellant had suffered two “strikesâ€[2] and two prior serious felony convictions within the meaning of section 667, subdivision (a)(1), and that he had served three separate prison terms for prior felony convictions (§ 667.5, subd. (b)). On September 8, 2010, the court struck one of appellant’s strikes and imposed a prison term of 22 years.
Appellant appealed, and on appeal his sole contention was that the court erred in failing to conduct a Marsden hearing.[3] This court, on October 24, 2011, reversed, holding that the court erred in failing to conduct a Marsden hearing, and remanded the matter to the trial court, ordering, inter alia, that the court conduct such a hearing.
On remand, on April 27, 2012, the trial court conducted a Marsden hearing, at which it denied appellant’s Marsden motion and reinstated the judgment. The instant appeal followed.
On appeal, appellant’s sole contention is that the court erred in denying his Marsden motion. We affirm.
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