Rodriguez

In the published portion of this opinion we will hold that Penal Code section 667.7 applies to persons who served prior prison terms for convictions based upon their liability as aiders and abettors. For the reasons expressed in the unpublished segments of this opinion, we will remand for partial resentencing.

Defendant Danny Hernandez Rodriguez was convicted by a jury of attempted murder (Pen. Code, §§ 664/187, count I), assault with a deadly weapon (§ 245, subd. (a)(1), count II) , and attempted burglary of a vehicle (§§ 664/459, count III). With respect to count I, the jury found to be true the special allegation that defendant personally inflicted great bodily injury upon the victim within the meaning of section 12022.7, and the special allegation that defendant personally used a deadly and dangerous weapon within the meaning of section 12022, subdivision (b). In a bifurcated proceeding, the court, sitting without a jury, found to be true the special allegation attached to count I that defendant served two prior separate prison terms within the meaning of section 667.7.

Defendant was sentenced on count I to life in prison without parole eligibility for 20 years plus…