P. v. Smith CA2/7
Gerald Theodore Smith was convicted by a jury of assault with a deadly weapon. In a bifurcated bench trial the court found Smith had suffered a prior conviction in Oklahoma that qualified as a serious felony under California’s three strikes law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12) and section 667, subdivision (a)(1). Smith was sentenced to an aggregate state prison term of 11 years.
On appeal Smith contends the trial court erred in finding the prior Oklahoma conviction for kidnapping constituted a serious or violent felony under California law. We reverse in part and remand for further proceedings.
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