P. v. Hall
A jury found defendant Eugene Virgil Hall guilty of assaulting Kimberly Smith with a deadly weapon causing great bodily injury, battering Smith causing serious bodily injury, battering Steven Britt, and attempting to dissuade Smith from coming to court. In a bifurcated proceeding, the trial court found true allegations defendant had five prior convictions within the meaning of the three strikes law and for purposes of the five-year enhancement statute. Defendant was sentenced to 78 years to life in prison, with credit for 891 days (775 actual days and 116 conduct days). He appeals, raising various challenges to his convictions and sentence. Court reverse and remand to the trial court for resentencing or (at the Peoples election) retrial on the issue of whether defendants 1999 conviction for battery with serious bodily injury constitutes a serious or violent felony within the meaning of the three strikes law or for purposes of the five year enhancement statute, direct the trial court to award defendant one additional day of presentence custody credit, and otherwise affirm the judgment.
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