Howie

I

Introduction

This is the second time Dennis Ray Howie (Howie) has appeared before this court. The first time he requested we prevent the relitigation of the constitutional validity of a prior conviction, and we did. This time he requests we enforce the appellate court’s prior ruling, and we will. In this case, we decide the trial court is estopped from using a constitutionally invalid prior felony conviction to enhance a prison term.

Defendant and appellant Howie appeals the judgment entered following his conviction by jury of one count of second degree robbery (count 1, Pen. Code, § 211), one count of second degree commercial burglary (count 2, Pen. Code, § 459), one count of assault with a deadly weapon or by means of force likely to cause great bodily injury (count 3, Pen. Code, § 245, subd. (a)(1)), and one count of assault (count 4, Pen. Code, § 240). There was a finding by the jury of three prior serious felony convictions (Pen. Code, § 667, subd. (a)).

Howie was sentenced to six years and six months on the substantive counts, and a consecutive fifteen-year term on the three prior convictions, for a total of twenty-one years and six months.

On appeal, Howie…