P. v. Jefferson
Defendant was convicted of mayhem (Pen. Code, 203) after biting off the top portion of Allison Artiagas left ear during a fight initiated by defendant. Defendant waived trial on the prior conviction and prior prison term allegations. He admitted suffering a prior serious felony conviction for robbery in case No. BA186555 ( 667, subd. (a)), which also qualified as a prior conviction within the meaning of the three strikes law ( 667, subds. (b)-(i) and 1170.12, subds. (a)-(d)). Defendant also admitted prior prison term allegations for the robbery and a section 666 conviction in case No. GA044009 within the meaning of section 667.5, subdivision (b). Defendant was sentenced to state prison for 15 years, calculated as the midterm of four years for mayhem, doubled under the three strikes law, plus a five year enhancement for the prior serious felony and two additional years for the prior prison terms.
Court hold defendants admissions were voluntary and intelligent. As conceded by the Attorney General, it was not proper to enhance the sentence for five years under section 667, subdivision (a)(1) and one year under section 667.5, subdivision (b), since both enhancements arose from a single conviction. The finding that defendant served a prior prison term in case No. GA044009 must be reversed as defendant never admitted to serving a separate prior prison term. Accordingly, Court affirm the admissions as voluntary and intelligent, but the two years imposed for the two prior prison terms must be vacated.
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