PEOPLE v. WILEY (1993)

Supreme Court of California,In Bank.

PEOPLE, Respondent, v. Romero WILEY, Appellant.

No. S034307.

Decided: September 27, 1993

Petitions for review GRANTED.

The issues to be argued before this court shall be limited to (1) Whether sufficient evidence supports the finding that defendant's two prior serious felony convictions were “brought and tried separately,” where the evidence consisted of an abstract of judgment indicating charges were alleged in separate informations but that defendant was sentenced on both felonies on the same day, and (2) Whether the issue of whether the prior felonies were “brought and tried separately” is a question for the jury or an issue of law.

PANELLI, KENNARD, BAXTER and GEORGE, JJ., concur.

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