Flynn

Theodore Flynn appeals from the judgment entered following a jury trial that resulted in his conviction of assault with a deadly weapon (Pen. Code, §245, subd. (a)(1)) and court findings that he had suffered three prior serious felony convictions (§ 667, subd. (a)). He was sentenced to prison for a total term of eighteen years, comprised of a three-year middle term on his assault conviction, plus three consecutive five-year terms for the prior serious felony enhancements.

Issue Presented

Appellant contends the three prior serious felony enhancements must be stricken because the current offense is not a serious felony under section 1192.7, subdivision (c)(8). We find the trial court properly found the current offense to be a serious felony under subdivision (c)(23) of that section and affirm the judgment.

Factual Statement

Viewed in accordance with the usual rules on appeal (People v. Ochoa (1993) 6 Cal.4th 1199, 1206 [ 26 Cal.Rptr.2d 23 , 864 P.2d 103 ]), the evidence established on August 8, 1992, in the early afternoon, Chinh Tran was standing in the cashier’s line at the Arco gas station near East Imperial Highway when appellant approached and asked for money.…