People v. Jenkins CA4/1

Filed 1/23/26 P. v. Jenkins CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D084989

Plaintiff and Respondent,

v. (Super. Ct. No. SCD295885)

KELVIN JAY JENKINS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Runston G. Maino, Judge. Affirmed. Monica McMillan, 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, Arlene A. Sevidal and Jon S. Tangonan, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION Following a jury trial and conviction for willful cruelty to an elder

resulting in great bodily injury (Pen. Code,1 § 368, subd. (b)(1)), Kelvin Jay Jenkins filed a motion to dismiss a prior strike conviction under People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). On appeal, Jenkins contends the trial court abused its discretion in denying his motion. We disagree and affirm. BACKGROUND In July 2022, an 82-year-old volunteer was taking out the trash at the San Diego Automotive Museum in Balboa Park when Jenkins ran up to him and struck him in the face with a wrench. Jenkins fled the scene on a bicycle. The volunteer was taken to the hospital with a broken nose and received six stitches to close a laceration. Jenkins was arrested more than a month later in Balboa Park. In addition to charging Jenkins with willful cruelty to an elder resulting in great bodily injury, the information alleged he personally used a deadly or dangerous weapon (§§ 12022, subd. (b)(1), 1192.7, subd. (c)(23)) when he committed the offense, that the attack caused great bodily injury (§ 12022.7, subd. (c)), and that he had a serious felony prior conviction and a strike prior conviction. The jury found Jenkins guilty on the sole count of the information, found true the allegation that he used a dangerous or deadly weapon during the attack, but found untrue the allegation that he caused great bodily injury during the attack.