P. v. Coca CA1/4
Appellant Thomas Coca was convicted, after a jury trial, of stalking, assault causing great bodily injury, petty theft, witness dissuasion, and brandishing a knife related to an attack on his former friend, J.R. Coca raises challenges to the sufficiency of the evidence for his petty theft conviction, claiming the prosecution failed to prove he had the intent to permanently deprive J.R. of her phone. He also challenges the sufficiency of the evidence that he caused great bodily injury. Next, Coca argues the court incorrectly believed it lacked discretion to dismiss a prior conviction leading to his third strike sentence. We affirm Coca’s convictions but remand for resentencing to allow the court to properly exercise its discretion.
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