P. v. Sexton
An information charged Kenneth Antonio Sexton with carjacking (Pen. Code,[1] 215, subd. (a)) with personal infliction of great bodily injury (GBI) ( 12022.7, subd. (a)), inflicting corporal injury on a spouse ( 273.5, subd. (a)) with personal infliction of GBI, and unlawfully taking and driving a vehicle (Veh. Code, 10851, subd. (a)). It alleged two convictions as "strike prior(s)" (capitalization omitted) ( 667, subds. (b)-(i), 1170.12, 668) and the same two convictions as a serious felony prior conviction ( 667, subd. (a)).A jury found Sexton guilty of inflicting corporal injury on a spouse with personal infliction of GBI and unlawfully taking and driving a vehicle. Sexton waived his right to a trial on the prior conviction allegations and admitted the allegations, without waiving his right to argue whether the allegations constituted two separate strike convictions ( 667 subds. (b)-(i), 1170.12, 668) and how they should be treated at sentencing. At sentencing, the court concluded the two priors were separate convictions, dismissed one strike, and sentenced Sexton to 15 years four months in prison: six years (twice the middle term) for inflicting corporal injury on a spouse, three years for the GBI enhancement, one year four months (one-third the middle term, doubled) for unlawfully taking and driving a vehicle, and five years for the serious felony prior. Sexton appeals. Court affirm.
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