P. v. Estrada CA5
After a jury found appellant Juan Carlos Estrada guilty of possession of a weapon while in prison, in a bifurcated trial the court found appellant suffered a prior Penal Code section 245, subdivision (a)(1) conviction, and that the conviction constitutes a strike. In a previous appeal, we held the trial court’s finding was not supported by substantial evidence and remanded the matter for retrial and/or resentencing in accordance with People v. Barragan (2004) 32 Cal.4th 236, 239, 241-242. (People v. Estrada (Mar. 17, 2017, F070063) [nonpub. opn.].) Following remand, the trial court retried the issue of the truth of appellant’s prior conviction and based on additional documentary evidence presented by the People, the trial court again found appellant’s prior conviction constitutes a prior strike.
Appellant contends the trial court’s finding on the retrial of the truth of his prior conviction was not supported by substantial evidence. We conclude the additional evidence
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