P. v. Kelley
Defendant entered a plea of no contest to arson in violation of Penal Code section 451, subdivision (b). In a separate proceeding, the trial court found defendant had suffered a serious felony prior conviction ( 667, subd. (a)), a conviction pursuant to the three strikes law ( 667, subds. (b)-(i) and 1170.12, subds. (a)-(d)), and had served four prior prison terms ( 667.5, subd. (b)). Defendant was sentenced to 12 years in state prison, comprised of the low term of three years for arson, doubled pursuant to the three strikes law, enhanced by five years for the serious felony prior conviction, and one year for a prior prison term. The remaining prior prison term allegations were stricken.
In this timely appeal, defendant argues the record does not support the trial courts finding that his prior conviction under section 245, subdivision (a)(1), was a serious felony.
The judgment is affirmed.
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