Nava

Defendant Jose Maria Nava appeals from the judgment following his conviction for possession of a weapon in jail and assault with a deadly weapon. (Pen. Code, §§ 4574, subd. (a) & 245, subd. (a)(1).) The jury also found that defendant had been previously convicted of carjacking (§ 215, subd. (a)), with the personal use of a firearm (§ 12022.5). The trial court sentenced defendant to a prison term of eight years, by doubling the upper term of four years for the weapon possession conviction and running concurrently the term for the assault conviction.

On appeal, defendant contends the trial court: (1) erroneously instructed on reasonable doubt, (2) improperly characterized his prior conviction for carjacking as a “strike” under section 1170.12, subdivision (c)(1), a portion of the initiative version of the “Three Strikes” law, and (3) failed to stay imposition of sentence on the assault conviction. We will modify the judgment and affirm it as modified. In the published portion of this opinion, we hold that a felony such as carjacking which was not in existence on June 30, 1993, may nevertheless constitute a qualifying prior violent or serious felony under section…