P. v. Hays
Marcus Deshonne Hays was convicted by a jury of two counts of second degree robbery and two counts of kidnapping with a special finding he had personally used a firearm to commit the offenses.[1] In a bifurcated proceeding the trial court found Hays had suffered two prior convictions in Georgia that qualified as serious felonies under California’s “Three Strikes†law (Pen. Code, §§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i))[2] and section 667, subdivision (a)(1), and had served a separate prison term for a felony conviction within the meaning of section 667.5, subdivision (b). Hays was sentenced to an aggregate state prison term of 69 years four months to life.
On appeal Hays contends the trial court erred in finding one of the prior Georgia convictions (for armed robbery) constituted a serious felony under California law. Hays also contends he was improperly sentenced to both the one-year prior prison term enhancement and the five-year serious felony enhancement for convictions involving the same incident.[3] We reverse in part and remand for further proceedings.
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