Yarbrough

Defendant punched a woman in the face and broke her jaw. A jury convicted him of battery with serious bodily injury (Pen. Code, §§ 242, 243, subd. (d)). Defendant waived his right to a jury trial on the prior conviction (Pen. Code, §§667, subd. (a), 1170.12) and prior prison term (Pen. Code, § 667.5, subd. (b)) allegations, and the court found these allegations true. The court also found that defendant’s current offense was a serious felony. Defendant was committed to state prison for a term of 13 years. On appeal, defendant claims that (1) the trial court prejudicially erred in denying him a jury trial on, and depriving him of notice of, the allegation that the current offense was a serious felony and (2) the evidence was insufficient to support the court’s finding that defendant’s prior conviction was a serious felony conviction. We reverse and remand for resentencing.

Procedural Background

Defendant was originally charged by information with battery with serious bodily injury (Pen. Code, §§ 242, 243, subd. (d)), and it was farther alleged that he had suffered a prior serious felony conviction within the meaning of Penal Code section 1170.12 and served prison terms…