P. v. Van Dorn
A jury found defendant Nickolas John Van Doorn guilty of spousal abuse (with a finding he inflicted great bodily injury) and battery with serious bodily injury. Defendant then admitted he had a prior prison term. He subsequently entered a plea of no contest in a separate case to the unauthorized use of a vehicle, in exchange for concurrent sentencing. The court sentenced him to prison, imposing the upper terms for spousal abuse and the injury enhancement, along with an additional year for the prior prison term. It stayed the battery conviction. Pursuant to the plea, it imposed a concurrent term for the auto offense. On appeal, defendant argues that the trial court engaged in a dual use of facts in imposing the upper term for the principal offense and imposing the prior prison term enhancement, and improperly relied on an inherent element in imposing the upper term for the injury enhancement. Court shall affirm.
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