Second Strike Case Gets Prior Strike Dismissed
Second Strike Case
Strike Prior Dismissed
My client had a strike prior for assault with a deadly weapon due to a gang related stabbing. Less than two months after being released from prison he was arrested for a DUI. Incident to a parole search of his vehicle the officer discovered a bat in my client's trunk. Apparently, the bat had the defendant's gang name etched into it. My client was charged with violating Penal Code section 12020(a), Felony Possession of a Billy (i.e,. bat), as well as a DUI. The District Attorney also alleged a prison prior under Penal Code section 667.5(b). In total my client was facing 7 years in state prison following a maximum of 6 months in county jail for the DUI. Adding insult to injury, my client's public defender vociferously asked the judge for an order that my client pay attorney's fees for the services of the public defender. After a motion and hearing, my client was not ordered to pay the public defender one penny (1¢). Additionally, the judge struck my client's strike. My client would be going back home to his family in just another 6 ½ months.