What are the consequences of a conviction for assault with a deadly weapon for a third strike crime?

California, United States of America


The following excerpt is from People v. Huerta, B291019 (Cal. App. 2019):

At sentencing the trial court considered the probation report and Huerta's history of seven burglary and robbery convictions, as well as a conviction for assault with a deadly weapon, and his prior failures to successfully complete parole. Defense counsel argued in mitigation Huerta's crimes had not resulted in injury to any person and were the result of an underlying substance abuse problem. The court declined to dismiss the prior third strike offenses and imposed an indeterminate sentence of 25 years to life. We affirmed the judgment. (See People v. Huerta (Nov. 23, 1999, B130694) [nonpub. opn.].)

2. The Instant Petition

Other Questions


Is a conviction for assault with a deadly weapon reduced from assault with deadly weapon to simple assault? (California, United States of America)
Does a jury's acquittal of an assault with a deadly weapon constitute an acquittal on the assault charge or a finding of not guilty of assault with deadly weapon? (California, United States of America)
What is the test for determining whether a prior assault with a deadly weapon was an assault with deadly weapon or an assault by means of force likely to produce great bodily injury? (California, United States of America)
Does a jury have to consider the definition of "deadly weapon" in their instructions to the jury on the crime of assault with a deadly weapon? (California, United States of America)
Is a conviction for assault with a deadly weapon under section 245(1) of the California Criminal Code equivalent to an assault with the same amount of force? (California, United States of America)
Can a defendant who violates the inmate assault statute also be convicted of assault with a deadly weapon? (California, United States of America)
Can a defendant who is convicted of receiving stolen property in one crime, but never charged or convicted of the other crime, be required to pay restitution for losses sustained in other crimes? (California, United States of America)
What are the consequences of a conviction for assault with a deadly weapon under the Criminal Code of Ontario? (California, United States of America)
What are the consequences of a jury's failure to convict a defendant of assault with a deadly weapon? (California, United States of America)
Can a court correct an error that resulted in a sentence being issued to a defendant who was convicted of a lesser crime but who is convicted of the lesser crime of assault? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.