P. v. Joseph CA3
Defendant Tirone Felex Joseph pleaded no contest to assault by means of force likely to produce great bodily injury, and admitted personally inflicting great bodily injury on a non-accomplice, committing the assault for the benefit of a criminal street gang, and being a juvenile offender eligible to be prosecuted in a court of criminal jurisdiction. The trial court sentenced defendant to an aggregate term of 10 years in prison, comprised of the low-term of two years for assault, three years for the great bodily injury enhancement, and five years for the gang enhancement. Defendant did not obtain a certificate of probable cause.
Defendant now contends the trial court should not have imposed both enhancements because they were based on the infliction of great bodily injury on the same victim. We will dismiss the appeal for failure to obtain a certificate of probable cause.
Comments on P. v. Joseph CA3