P. v. Davis
A jury convicted appellant, Damien Lee Davis, of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)),[1] and found true allegations that in committing that offense, appellant personally used a deadly weapon (§ 12022, subd. (b)(1)) and personally inflicted great bodily injury (§ 12022.7, subd. (a)). In a separate proceeding, the court found true a prior prison term enhancement allegation (§ 667.5, subd. (b)) and allegations that appellant had suffered six prior felony convictions, each of which qualified as a “strikeâ€[2] and as a prior serious felony conviction within the meaning of section 667, subdivision (a) (section 667(a)). The court imposed a prison term of 47 years to life.
Appellant argues (1) the evidence was insufficient to establish the truth of two of the strike allegations and two of the section 667(a) prior serious felony enhancement allegations, and (2) the court erred in calculating appellant’s sentence under section 1170.12, subdivision (c)(2)(iii). The People concede these points. We reverse true findings on two of the strike allegations, vacate the sentence, and remand for resentencing.
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