(Super. Ct. No. CM034960)
The opinion of the court was delivered by: Butz , J.
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Defendant Jorge Ceja Aguilar pleaded no contest to assault with a deadly weapon, a knife (Pen. Code, § 245, subd. (a)(1)),*fn1 and admitted the allegation that he personally inflicted great bodily injury on the victim (former § 12022.7, subd. (a)). The trial court sentenced defendant to an aggregate state prison term of seven years, consisting of the upper term of four years for the offense plus three years for the enhancement.
Defendant contends the trial court improperly made dual use of the fact that he personally inflicted great bodily injury on the victim to impose the upper term on the offense. Acknowledging that his trial counsel did not object, he also contends he received ineffective assistance of counsel. We shall affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
The parties stipulated to the following facts when defendant entered his plea: "On April 18, 2010, the victim was walking when he was approached by a group who began following and taunting him attempting to engage the victim in a fight. The defendant and the victim then confronted each other and the [defendant] eventually pulled out a fixed-blade knife, cutting and stabbing the victim numerous times. The victim received a three[-] to four[-]inch cut on the left side of his neck, also a four[-] to five[-]inch[-]deep laceration to his left forearm, stabbing to his left arm, two to the left side of the chest, and stabbing to the left side of the abdomen. These injuries were life-threatening and did require surgery. This all occurred in Butte County in the State of California."
The probation report stated:
At 2:17 a.m. on April 18, 2010, officers found the victim, Joseph Igbineweka, "bleeding profusely from his left forearm." The officers located two Asian suspects, but two other suspects, including defendant, got away.
The victim told the officers he was walking alone when a group of people began calling him "nigger." He tried to ignore them and walk away, but two members of the group kept following him and directing racial slurs toward him. When the victim stopped to talk to an acquaintance on the street, the men who had been following the victim also stopped. One swung at the victim, who punched him. The second suspect pointed an unknown object at the victim which emitted a red laser light, then made a comment about shooting the victim; however, the victim did not see a gun. The second suspect attacked the victim and they punched ...