People v. Harris CA2/7

DISCUSSION

Harris argues under People v. Jones (1993) 5 Cal.4th 1142 the court should strike the one-year prior prison term enhancement it erroneously stayed. In Jones the defendant received both a five-year serious felony enhancement under section 667, subdivision (a)(1), and a one-year section 667.5, subdivision (b), prior prison term enhancement based on a single serious felony and resulting prison term. (Jones, supra, 5 Cal.4th at p. 1145.) The Supreme Court concluded, when multiple statutory enhancements are available for the same prior offense, one of which is a section 667, subdivision (a), serious felony enhancement, only the greatest felony enhancement may be imposed. Accordingly, the Jones Court held the one-year prior prison term enhancement should be stricken. (Jones, at pp. 1150-1153.) Harris’s 10-year state prison sentence included a five-year prior serious felony enhancement under section 667, subdivision (a)(1) and a one-year prior prison term enhancement under section 667.5, subdivision (b)). Both the five-year prior serious felony enhancement and one of the two one-year prior prison term enhancements were based on the trial court’s true findings as to Harris’s…