P. v. Davis CA3
Following a jury trial, defendant Phillip Allen Davis was convicted of assault by means of force likely to produce a great bodily injury. (Pen. Code, § 245, subd. (a)(4).) The trial court sustained two strike (§ 1170.12) and two prior prison term allegations and sentenced defendant to an eight-year state prison term.
On appeal, defendant contends one of the prison priors is unauthorized because the underlying felony had been reduced to a misdemeanor pursuant to section 1170.18 before the trial court sustained the enhancement allegation. He additionally claims trial counsel was ineffective in failing to object to the enhancement on this ground. We shall strike the prison prior and affirm the judgment as modified.
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