P. v. Sagar CA1/5
Anil Sagar appealed from a judgment of conviction and sentence entered after a jury found him guilty of assault with a deadly weapon. He contended a sentence enhancement imposed for a prior prison term (Pen. Code, § 667.5, subd. (b)) must be stricken, because an enhancement was also imposed for a serious felony (§ 667, subd. (a)(1)). We affirmed the judgment because the trial court had stayed the section 667.5 enhancement. The California Supreme Court has directed us to reconsider the matter in light of the advent of Senate Bill 1393, which amends section 667 and section 1385 such that a trial court has discretion to strike a prior serious felony conviction under section 1385. We therefore vacate our earlier decision and, having considered the parties’ supplemental briefing, remand the matter to the trial court to decide whether to strike Sagar’s prior serious felony conviction. We affirm the judgment in all other respects.
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