P. v. Redfearn
Lee Redfearn was convicted of one count each of assault with a firearm, kidnapping to commit robbery, attempted second degree robbery and possession of a firearm by a felon and seven counts of second degree robbery. Firearm, prior conviction and prison prior allegations were found true. He was sentenced to state prison for an indeterminate term of 29 years to life plus a determinate term of 22 years, 4 months. Redfearn appeals, claiming (1) the trial court improperly limited defense counsels closing argument, (2) the evidence was insufficient to show that his prior conviction constituted a serious felony and (3) the abstract of judgment contradicts the oral pronouncement of judgment. The People concede and Court agree that the matter must be remanded to the trial court for a new trial on the allegation that Redfearns prior conviction constituted a serious felony; otherwise, the judgment is affirmed.
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