P. v. Canty
Defendant Aaron Bruce Canty was found guilty by a jury of assault with a deadly weapon. The jury also found that defendant inflicted great bodily injury in the commission of that offense. Defendant admitted he had served two prior prison terms. Probation was denied and defendant was sentenced to state prison for nine years, which included an upper term of four years for the underlying assault offense.
Defendant appeals, raising various claims of instructional and sentencing error. He also contends his admissions regarding his prior prison terms were invalid. Court agree with defendants contention regarding his admissions and, accordingly, Court reverse the courts findings on the prior prison term allegations and remand the cause to the trial court for resentencing or (at the Peoples election) retrial of the prior prison term allegations. Court otherwise affirm the judgment.
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