Shirley

In an earlier proceeding, defendant pled guilty to assault with a deadly weapon and admitted inflicting great bodily injury in the commission of that offense. (Pen. Code, §§ 245, subd. (a)(1), 12022.7.) The sentencing court in that prior case then struck the great bodily injury enhancement. The issue in this appeal is whether that striking prevented the trial court in this subsequent case from using the stricken enhancement for purposes of treating the earlier offense as a serious felony. We hold that it did not and that consequently defendant was properly sentenced under the serious felony statute. (Pen. Code, § 667, subd. (a).)

Charged with 11 felony counts in an amended information, defendant pled guilty to counts 5, 7 and 9 charging robbery (Pen. Code, § 211 [unspecified references are to the Penal Code]), to counts 2 and 10 charging assault with a deadly weapon and by means of force likely to produce great bodily injury (§ 245, subd. (a)(1)), and to count 11 charging a felon in possession of a firearm (§ 12021, subd. (a)). He pled no contest to counts 3 and 6 charging robbery (§ 211). He admitted the use of a firearm charged in counts 5, 7, 9 and 10 (§ 12022.5), the…