P. v. Davis CA2/2
The trial court imposed a five-year sentencing enhancement on Jermond C. Davis (defendant) because his prior robbery conviction constituted a “serious felony” conviction under Penal Code section 667, subdivision (a)(1). Defendant argues that this was error because he only admitted that his robbery conviction was a “strike” within the meaning of our Three Strikes law (§§ 667, subds. (b)-(j) & 1170.12, subds. (a)-(d)), and because the trial court never told him that, in so admitting, he was also admitting that his prior robbery conviction was a prior “serious felony” that could subject him to the additional five-year term. We conclude that defendant forfeited this objection by not objecting when the trial court later imposed the five-year enhancement, that his admission was still “knowing and voluntary,” and that he was not in any event prejudiced by the trial court’s omission. Accordingly, we affirm.
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