Luna

Defendant, Justo Luna, appeals his felony conviction contending there is no substantial evidence he had previously been convicted of a serious felony. He relies on the holding of People v. Rodriguez (1998) 17 Cal.4th 253, 261 [ 70 Cal.Rptr.2d 334 , 949 P.2d 31 ], that evidence appearing on a superior court abstract of judgment was insufficient to prove a prior conviction was a serious felony. We conclude that the March 7, 2000, adoption by the voters of Proposition 21 modifies a small portion of the Rodriguez opinion which relates to the sufficiency of the evidence that a prior violation of Penal Code section 245, subdivision (a)(1) constitutes a serious felony. We therefore reject defendant’s sufficiency of the evidence contention and affirm the judgment.

After the jury found defendant guilty of second degree robbery, a court trial was held on the issue of whether his prior conviction was a serious felony thereby qualifying for enhanced sentencing pursuant to Penal Code sections 667, subdivision (e)(1) and 1170.12, subdivision (c)(1). The information, as amended, alleged defendant had been convicted of “PC 245(A)(1)” on August 11, 1994. At the court trial, the…