People v. Walker CA3

DISCUSSION

Defendant argues his prior conviction for battery with serious bodily injury does not qualify as a strike offense. Defendant is wrong. The People alleged defendant’s prior conviction for battery with serious bodily injury was a prior strike conviction under section 1192.7, subdivision (c)(8). The bare fact of that conviction, however, is not sufficient to establish the crime was a strike offense. (People v. Bueno (2006) 143 Cal.App.4th 1503, 1508 (Bueno).) “[O]ne can commit a battery within the meaning of section 243, subdivision (d) without committing a serious felony within the meaning of section 1192.7, subdivision (c)(8).” (Ibid.) Here, in order to establish defendant’s prior conviction for battery was a serious felony, the prosecution was required to prove defendant “personally inflicted the injury, rather than that he aided and abetted another [citation], and that the victim was not an accomplice.” (Bueno, supra, at p. 1508.) Alternately, defendant could admit the prior conviction for battery was a strike offense. (Ibid.) Here, defendant admitted the prior strike as part of the plea. Accordingly, there was no error. Defendant contends it was error to enhance his…