People v. Harris CA4/1

BACKGROUND

In May 2009, Harris assaulted the victim with a knife, stabbing him in the arm, the

thigh, the back and twice in the forehead. With the second stab in the forehead, the

knife's blade penetrated the victim's skull, separated from the handle and remained

embedded in the victim's forehead until later removed. The stab in the back punctured

the victim's lung.

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and

proceedings below. Counsel presents no argument for reversal, but asks this court to

The court stayed execution of a one-year sentence for a prison prior in case No. SCE278028. "Once the prior prison term is found true within the meaning of section 667.5[, subdivision ](b), the trial court may not stay the one-year enhancement, which is mandatory unless stricken." (People v. Langston (2004) 33 Cal.4th 1237, 1241.) Because the conviction in case No. SCE278028 also gave rise to the serious felony prior for which Harris received a five-year sentence, this prison prior should have been stricken. (People v. Jones (1993) 5 Cal.4th 1142, 1144-1145, 1150, 1153.) We direct the trial court to amend the abstract…