P. v. Williams
A jury convicted defendant of felony infliction of corporal injury to a cohabitant, and the misdemeanors of making an annoying telephone call and attempted disobedience of a court order. (Pen. Code 273.5, subd. (a), 653m, subd. (a), 166, subd. (a)(4).)[1] After a court trial, the allegations that defendant suffered prior convictions in 1990 and 1995 for serious felonies within the meaning of the Three Strikes law were found true. ( 667, subd. (b)-(i).) The 1990 prior conviction was subsequently stricken. On the basis of the 1995 prior conviction, the court sentenced defendant to prison for four years, the mitigated term doubled, on the felony, and to concurrent 30 day terms on the misdemeanors.
Defendant argues it was error to use the preliminary hearing transcript and the probation report in the 1995 case to prove, at the 2006 court trial on the prior conviction allegations, that he personally inflicted injury in the 1995 case. Court agree, and reverse.
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