Bow

The sole issue in this appeal is whether the trial court properly imposed a five-year sentence enhancement under Penal Code section 667, subdivision (a). (All further statutory references are to the Penal Code unless otherwise noted.) Gregory Byron Bow argues that his current offenses are not serious felonies within the meaning of section 667, subdivision (a) and therefore do not support the five-year additional sentence. The Attorney General argues that appellant’s guilty plea established that the offenses are serious felonies because appellant personally used his vehicle as a dangerous weapon within the meaning of section 1192.7, subdivision (c)(23).

We reject appellant’s broad argument that the Vehicle Code offenses to which he pled guilty cannot constitute serious felonies within the meaning of section 667, subdivision (a). The complaint was not well pleaded and did not give appellant sufficient notice of the facts the prosecution intended to prove to justify the section 667, subdivision (a) enhancement. It was subject to special demurrer for this reason. Appellant did not demur, however, and his failure to do so waived the pleading error.

Factual and Procedural…