Hickey
People v. Hickey
Opinion
Opinion
Fredman, J.
Appellant Jerry D. Hickey appeals alleging his sentence was improperly enhanced by the judgment of the trial court.
Hickey was convicted of kidnaping (Pen. Code, § 207), lewd conduct with a child (Pen. Code, § 288) and oral copulation (Pen. Code, § 288a, subd. (c)) on March 9, 1978, after a jury trial. He makes no complaint of the substantive or procedural propriety of the trial and asserts sentencing error only. By limiting the scope of our review we avoid detailed repetition of the unsavory details of the debauchment of a six-year-old boy.
Pleading of the Priors
The information, as originally filed, alleged two prior felony convictions. The first pled the conviction in Fresno County Superior Court on October 10, 1969, of a violation of Penal Code section 288 (lewd conduct with a child) and section 286 (sodomy). The second charged conviction on October 14, 1966, in the Court of Common Pleas, Miami County, Ohio, of sodomy, a felony. The record reveals that both priors were for offenses factually congruent with the current charges against appellant. Both were pled within the meaning of section 667.5, subdivision (b), mandating a one-year enhancement.