Seals

Defendant and appellant Troy Earl Seals appeals from a judgment after a jury trial in which he was convicted of robbery with the use of a firearm and evading an officer, and a court trial in which it was found he had suffered a prior serious felony conviction and two prior prison terms for felony convictions. He contends the trial court erred in sentencing him to the upper terms for the robbery and the firearm use enhancement. He contends further the evidence is insufficient to support a true finding as to one of the prior prison term allegations. In the unpublished portion of this opinion, we conclude the trial court did not err prejudicially in selecting the upper terms. In the published portion of this opinion, we reverse the true finding as to one of the prior prison term allegations, because we conclude that a direct commitment of a youthful offender to the California Youth Authority (CYA) pursuant to Welfare and Institutions Code section 1731.5, subdivision (a) does not constitute a prior prison term within the meaning of Penal Code section 667.5, subdivision (b). We affirm in part and reverse in part.

Procedural Background

Defendant was charged by information…