PEOPLE v. GOLDE

No. C053632.

163 Cal.App.4th 101 (2008)

THE PEOPLE, Plaintiff and Respondent. v. MARIO JAMES GOLDE, Defendant and Appellant.

Court of Appeals of California, Third District.

May 22, 2008.


Attorney(s) appearing for the Case

Richard D. Miggins, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette and Michael P. Farrell, Assistant Attorneys General, Janis Shank McLean and Paul A. Bernardino, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

SIMS, Acting P. J.

In this case, we hold:

1. Substantial evidence supports defendant's conviction for violation of Penal Code section 245, subdivision (a)(1) (felony assault)1;

2. No substantial evidence supports the trial court's finding that defendant suffered a prior serious felony "strike" conviction for violation of section 246.3 (negligent discharge of firearm), because no evidence in the record...

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