P. v. Tucker CA4/1
Roger Tucker appeals a judgment following his jury conviction on one count of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1) ). The trial court also found true allegations that Tucker had a prior serious felony conviction (§§ 667, subd. (a)(1), 668, 1192.7, subd. (c)) and a prior serious or violent felony conviction (§§ 667, subds. (b)-(i), 1170.12, 668). On appeal, Tucker contends the trial court violated his constitutional right to due process of law by increasing his sentence based on those prior conviction allegations. He also contends the court issued an unauthorized sentence by staying, rather than striking, the punishment for the jury's true finding on the section 12022.7, subdivision (a) allegation for personally inflicting great bodily injury in committing the instant offense.
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