People v. Ortega

Opinion

KLINE, P. J.

Introduction

Bismark Ortega appeals from a judgment of the San Mateo County Superior Court following a jury trial. He was convicted of attempted voluntary manslaughter, assault with a firearm, and finding true various related enhancements. He argues that the trial court abused its discretion at sentencing in refusing to dismiss one of the convictions pursuant to Penal Code section 1385, leaving him with two strikes under the “Three Strikes” law, where the. court found that both convictions arose from a single act and stayed sentence on the assault with a firearm conviction…