P.v . Ferguson
The jury convicted defendant Tredis Earl Ferguson of unlawfully taking or driving the vehicle of another without consent in violation of Vehicle Code section 10851, subdivision (a). Regarding the recidivist allegations, defendant waived his right to a jury trial, and the trial court found defendant suffered one serious or violent felony within the meaning of the three strikes law (Pen. Code, 667, subds. (b)-(i), 1170.12, subds. (a)-(d))[1]and served three prior prison terms ( 667.5). The trial court imposed an eight-year prison term consisting of the three-year middle term doubled under the three strikes law, plus two one-year prior prison term enhancements (the third having been stayed as it was based on the prior strike conviction). Court agree with defendant on the second two contentions and therefore conditionally reverse and remand for a Pitchess hearing, and reverse the imposition of the crime prevention fines. In all other respects, the judgment is affirmed.
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