P. v. Valencia CA3
A jury found defendant Haurilio Silva Valencia guilty of making criminal threats, theft by larceny, and resisting a peace officer. In a bifurcated bench trial, the trial court found true the allegations that defendant suffered four prior serious felony convictions. Defendant now argues that the trial court erred in imposing consecutive five-year enhancement terms on all four prior convictions when the prosecution failed to prove that they were each separately tried and proven. Defendant also argues that the trial court erred in denying his motion to strike his prior convictions under the Three Strikes law. We agree with the Attorney General that two of the five-year enhancements must be vacated. As modified, we affirm the judgment.
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