People v. Vincent CA2/7

Filed 2/1/21 P. v. Vincent CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B305401

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA465995) v.

CHRISTOPHER VINCENT,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Douglas Sortino, Judge. Affirmed. Christopher J. Bou Saeed, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Noah P. Hill and Stephanie C. Santoro, Deputy Attorneys General, for Plaintiff and Respondent.

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Christopher Vincent appeals the trial court’s order terminating his probation and ordering execution of his suspended seven-year state prison sentence for assault with a deadly weapon with an enhancement for infliction of great bodily injury. The trial court imposed the seven-year sentence after finding Vincent had violated his probation by driving on a suspended license, committing a hit and run, and brandishing a knife at the driver of the other car. On appeal, Vincent contends the court abused its discretion by imposing the suspended sentence for misdemeanor conduct that did not result in any physical injuries or threaten the safety of the community. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Underlying Offense and Probationary Disposition A security guard at a liquor store attempted to stop a physical altercation between Vincent and another man. Vincent responded by stabbing the security guard with a knife. The information charged Vincent with assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) and specially alleged that in the commission of the offense Vincent personally inflicted great bodily injury (§ 12022.7, subd. (a)). The information also alleged Vincent had suffered two prior convictions of serious or violent felonies under the three strikes law (§§ 667, subds. (b)-(j), 1170.12) and one prior serious felony conviction within the meaning of section 667, subd. (a)(1), and he had served five prior prison terms (§ 667.5, subd. (b)). At a pretrial conference on March 6, 2019, the prosecutor indicated there was a negotiated disposition of a seven-year