California v. Jenkins
Annotate this CaseMarkeith Jenkins was convicted by jury of assault by means likely to produce great bodily injury, and battery with serious injury. Defendant subsequently admitted to having two prior strike convictions, two prior serious felony convictions, and two prior prison convictions. Before sentencing, defendant filed a motion based on California v. Superior Court (Romero), 13 Cal.4th 497 (1996) seeking in the interest of justice to have one or more of his strike priors set aside. The court denied that motion, imposed on defendant the term of 25 years to life on the assault by means likely to produce great bodily injury conviction; stayed pursuant to Penal Code section 654 (a)(1) his sentence on the conviction for battery with serious bodily injury; and imposed three consecutive years for the great bodily injury enhancement, and an additional 10 years for the two serious felony prior convictions, for a total sentence of 13 years plus 25 years to life. On appeal to the Court of Appeal, defendant argued for a remand for a pretrial diversion hearing, and to give the trial court an opportunity to exercise its newly provided discretion pursuant to Senate Bill No. 1393 (2017–2018 Reg. Sess., eff. January 1, 2019), to dismiss or strike one or more of his serious felony prior convictions. Defendant alternately contended the court abused its discretion when it refused under Romero to strike one or more of his prior strike convictions. The Court of Appeal agreed the newly enacted section 1001.36 and newly amended sections 667(b) and 1385(b) applied retroactively in this matter. Judgment was conditionally reversed and the case remanded for the trial court to exercise its discretion under these statutes.
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