People v. Perez
Annotate this CaseAfter defendant was convicted of assault with force likely to produce great bodily harm, he was sentenced to two years plus 25 years to life in prison. The jury found that defendant had two prior strike convictions and served two prior prison terms. The court concluded that the record of conviction reflects defendant committed assault by means of force likely to produce great bodily injury; the facts show defendant personally and intentionally used a vehicle in the commission of that assault; when a vehicle is used as a means of force likely to produce great bodily injury, it is a deadly weapon; and thus defendant was “armed with a . . . deadly weapon” within the meaning of Penal Code 667, subd. (e)(2)(C)(iii). Accordingly, defendant is ineligible for resentencing pursuant to Penal Code 1170.126, subdivision (e)(2). Therefore, the court reversed the trial court’s order granting defendant’s petition.
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