P. v. Mestas
A jury found defendant guilty of assault with a deadly weapon (count one), and possession of a razor blade in a penal institution (count two), both serious felonies. As to count one, the jury found the allegation that defendant personally inflicted great bodily injury to be true, and as to both counts, the court found to be true allegations of a prior serious felony conviction. The court sentenced defendant to an aggregate term of 14 years, which included a five-year enhancement for the prior conviction.
On appeal, defendant contends the trial court erred in giving CALJIC No. 2.62, and in finding his prior juvenile court disposition to be a prior serious felony conviction under Penal Code section 667, subdivision (a).
The People conceded error as to the second claim. Court accepted that concession and modified the judgment to strike the five-year enhancement for defendant’s prior juvenile adjudication. Court otherwise affirmed the judgment.
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