P. v. Said CA4/1
A jury convicted Abdifath Mohamed Said of attempting to dissuade a witness from reporting a crime, making a criminal threat, and burglary. The jury found that Said used a knife in connection with counts 1 and 2. Said admitted two prison priors; a serious felony prior and a "strike" prior. The trial court denied a motion to strike the "strike" prior and sentenced Said to a determinate term of 12 years in prison. The court struck one prison prior and stayed the other prison prior.
Said appeals, challenging only count 1 and the true finding that he used a knife during the offenses in counts 1 and 2. Said contends there is not sufficient evidence in this case to support count 1 or the allegation of the use of a knife. Applying the proper standard of review, we will find sufficient evidence to support the jury's decision.Said contends, and the People correctly agree, that the prison prior should have been stricken rather than stayed.
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