P. v. Pryer CA2/7
Defendant Desmond Romell Pryer appeals from a judgment of conviction entered after a jury trial for multiple sexual and violent offenses against his girlfriend, including forcible oral copulation, assault by means likely to produce great bodily injury, felony false imprisonment, attempting to dissuade a witness, and inflicting corporal injury on a person in a dating relationship. On appeal he contends the use of a prior juvenile adjudication for purposes of sentencing under the three strikes law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12) violated his constitutional right to a jury trial. We disagree. However, Pryer is correct that the trial court erred in imposing a five-year sentence enhancement under section 667, subdivision (a)(1), because Pryer’s prior juvenile adjudication does not constitute a prior serious felony conviction for purposes of the enhancement.
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