California Court of Appeal

Five-year prior serious felony sentence enhancement must be stricken, because the jury specifically found that defendant did not inflict great bodily injury in the commission of the charged offenses, and there is no other basis for a finding that his current offenses are serious felonies as required by Penal Code section 667(a)(1).

Appellate Information

• Decided 04/28/2004
• Published 04/28/2004

Judges

• AARON, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Irma Castillo, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General;  Gary W. Schons, Melissa A. Mandel and Daniel Rogers, Deputy Attorneys General;  and Kristen Chenelia for Plaintiff and Respondent.