P. v. Davis
A jury found defendant Shawn Tyrone Davis guilty of assault by means of force likely to produce great bodily injury (Pen. Code, 245, subd. (a)(1); undesignated statutory references that follow are to the Penal Code), and dissuading a witness or victim from testifying ( 136.1, subd. (a)(1)). The jury also found that defendant had previously been convicted of first degree burglary, a felony. The trial court sentenced him to an aggregate term of 15 years, which included a five-year enhancement for defendants prior felony pursuant to section 667, subdivision (a). On appeal, defendant contends the imposition of the five year enhancement violated his right to due process of law and his statutory right to notice of the charges against him. Court affirm the judgment.
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