P. v. Banuelos
Abel Banuelos appeals from the judgment and order entered following a retrial of the allegations concerning a 1992 prior conviction of a Penal Code section 245, subdivision (a)(1) assault.[1] (See People v. Banuelos (2005) 130 Cal.App.4th 601, 608 (Banuelos I).) The trial court again found that appellant's 1992 conviction was a serious felony within the meaning of sections 667, subdivision (a) and a "strike" pursuant to section 1170.12, and sentenced him to 11 years in state prison. Appellant contends that the record was insufficient to demonstrate that the prior conviction qualified as a serious felony and a strike, and that he was denied effective assistance of counsel because trial counsel failed to object to the only inadmissible evidence upon which the trial court based its findings. He also petitions for a writ of habeas corpus seeking an order vacating the judgment on the ground of ineffective assistance of counsel. On October 11, 2007, this court ordered that the appeal and the writ of habeas corpus would be considered together. By separate order, we deny the writ petition. Court affirm the judgment.
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