People v. Lewis CA4/2

BACKGROUND

In February 2003, a jury found defendant guilty of attempted murder (§§ 187,

subd. (a), 664; count 1), assault with a deadly weapon (§ 245, subd. (a)(2); count 2), and

possession of a firearm (former § 12021, subd. (a)(1); count 3). The jury found a gang-

benefit allegation (§ 186.22, subd. (b)) true as to all three counts, as well as firearm use

(§§ 12022.5, subd. (a), 12022.53, subd. (d)) and great bodily injury (§ 12022.7, subd. (a))

allegations on counts 1 and 2. In bifurcated proceedings, the court found defendant had

two prison prior convictions (§ 667.5, subd. (b)), two prior serious felony convictions

(§ 667, subd. (a)), and two prior strike convictions (§§ 667, subds. (c) & (e)(1), 1170.12,

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 subd. (c)(1)). At sentencing, the court imposed an indeterminate term of 95 years to life

in state prison, consecutive to a 14-year determinate term. The court imposed one-year

terms for each of defendant’s two prison priors, but stayed their execution.

Defendant appealed his conviction and sentence and, in pertinent part, this court

ordered the prison priors stricken, as…