People v. Collins CA4/1

Filed 9/18/24 P. v. Collins CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D083264

Plaintiff and Respondent,

v. (Super. Ct. No. FVI19002362)

BOBBY LEWIS COLLINS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Bernardino County, John Peter Vander Feer, Judge. Affirmed. Reed Webb, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Christine Y. Friedman and Eric A. Swenson, Deputy Attorneys General, for Plaintiff and Respondent.

Bobby Lewis Collins appeals the judgment resentencing him to the same prison term after we vacated his original sentence in a prior appeal and

remanded the matter to allow the trial court to apply amendments to sentencing statutes that took effect while the prior appeal was pending. Collins contends the trial court abused its discretion by refusing to dismiss a five-year enhancement for a prior serious felony conviction that was older than five years. We disagree and affirm the judgment on resentencing. BACKGROUND In August 2019, Collins, who has a black belt in jujutsu, was offended by something Michael W. said and beat him to the point of unconsciousness. Michael suffered facial cuts, a chipped tooth, severe injuries to his nose and left eye, head trauma, and bruised ribs. Michael took pain medication for more than two months after the attack, and at the time of trial he still experienced dizziness and visual problems. A jury found Collins guilty of assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4); undesignated section references are to this code), and found true an allegation that in committing the assault he personally inflicted great bodily injury on a person other than an accomplice (§ 12022.7, subd. (a)). In a separate bench trial, the court found Collins had a conviction of first degree burglary in 2001, which constituted a serious felony for purposes of a five-year enhancement (§ 667, subd. (a)(1)) and a strike for purposes of the “Three Strikes” law (§§ 667, subds. (b)–(i), 1170.12). The court sentenced Collins to an aggregate prison term of 16 years, which consisted of the upper term of four years for the assault conviction (§ 245, subd. (a)(4)), which was doubled to eight years based on the prior strike conviction (§§ 667, subd. (e)(1), 1170.12, subd. (c)(1)), plus consecutive terms of three years for the great bodily injury enhancement (§ 12022.7, subd. (a)) and five years for the prior serious felony conviction (§ 667, subd. (a)(1)).