P. v. Cage
Defendant Charles Dewey Cage appeals from his 22 year sentence, raising two issues. First, defendant argues, and the Attorney General agrees, that the trial court could not impose both a one year sentence for a prior prison term enhancement, and a five year sentence for a prior serious felony strike conviction enhancement, when the same conviction was the basis for both enhancements. The trial court should have stayed imposition of the prior prison term enhancement sentence. Second, although the trial court erred by using the same prior conviction as a serious felony strike enhancement and as the articulated aggravating factor justifying the imposition of the upper term sentence, Court affirm as modified because it is not reasonably probable a more favorable result to defendant would have been reached in the absence of this error.
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