People v. Mase CA1/5

Filed 10/14/21 P. v. Mase CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for pur- poses of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A160275

v. (San Mateo County ULUAO DAVID MASE, Super. Ct. No. 18NF011762) Defendant and Appellant.

Appellant Uluao David Mase was sentenced to 21 years in prison based on his role in a violent attack on a high school student, 14 years of which were attributable to prior conviction allegations. We reject his claim that the court should have stricken the prior conviction allegations, but remand the case so that the court can pronounce sentence on one of the counts. I. BACKGROUND Appellant, who was 27 years old at the time of the offenses in this case, has abused drugs and alcohol since he was a teenager. In 2009, when he was 18, he and three others robbed a man on public transportation by pushing him to the ground and stealing his belongings. When he was arrested a short while later, he was carrying a semiautomatic weapon. Appellant was convicted of second-degree robbery and various weapon

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possession counts, sentenced to two years in prison, and paroled in July 2011. (Pen. Code, §§ 211, 12280, subd. (b), 12025, subd. (a)(2), 12031, subd. (a)(1).)1 Appellant committed a carjacking in September 2011 and was convicted of that offense in June 2012. (§ 215, subd. (a).) He was released from prison in September 2016. The current offenses were committed September 14, 2018. Sixteen-year-old John Doe got into a physical fight with appellant’s nephew, another high school student. A female student broke up the fight, and Doe’s only injury was a scratched face. The boys went their separate ways. Later, appellant and several other men confronted Doe as he was walking with a friend. They brutally beat him, stepping on his face, punching him, and kicking him. Doe recorded part of the attack on his cell phone, which was taken from him by the assailants and was later found in the possession of a homeless man. The assailants also took Doe’s backpack and belt. Doe was transported to the emergency room for the treatment of contusions, a concussion, and damaged teeth which he suffered during the attack. A day later, his eyes were swollen and black and blue and he had bruising in his mouth and inner lip. Appellant was linked to the attack through video from a surveillance camera and from Doe’s recovered cell phone. He was tried before a jury and convicted of assault by means of force likely to cause great bodily injury (count 1) and battery with serious bodily injury (count 2), each accompanied by a great