P. v. Bennett
A jury convicted defendant of first degree burglary (Pen. Code, § 459; unspecified statutory references that follow are to this code), attempted murder (§664/187, subd. (a)) with personal use of a knife (§12022, subd, (b)(1)), and two counts of assault with a deadly weapon (§ 245, subd. (a)(1)). Defendant admitted a prior prison term (§ 667.5, subd. (b)) and two prior serious felonies (§§ 667, subds. (a) & (b)-(i); 1170.12).
We note that, although defendant admitted his 1998 juvenile adjudication as both a five-year enhancement and a strike, because it was a juvenile adjudication and not a conviction, it does not qualify as an enhancement under section 667, subdivision (a). (People v. West (1984) 154 Cal.App.3d 100, 110.) The trial court did not impose an enhancement based on this prior conviction; instead, it imposed a five-year enhancement for the 2005 prior on both counts 2 and 4. (People v. Williams (2004) 34 Cal.4th 397, 405.)
Comments on P. v. Bennett