People v. Davis CA4/3

FACTS

In November 2001, an information charged Davis with assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(1), count 1), and battery with serious bodily injury (§ 243, subd. (d), count 2). The information alleged that on counts 1 1 All further statutory references are to the Penal Code.

2 and 2, Davis inflicted great bodily injury (§ 12022.7), and that the offenses were serious felonies (§ 1192.7, subd. (c)(8)). The information also alleged Davis had two prior convictions or juvenile adjudications of serious or violent felonies (§§ 667, subds. (d), (e)(2), 1170.12, subds. (b), (c)(2)). One prior was for robbery (§ 211) on July 8, 1993, and the other was for extortion (§ 524) on July 8, 1993. As to the prior conviction of robbery, the information also alleged it was a serious felony (§§ 667, subd. (a)(1), 1192.7, subd. (c)). As to both prior convictions, the information alleged Davis was previously convicted of a felony, served a separate prison term for the offense, and committed the current offense during a period of five years subsequent to the conclusion of the term (§ 667.5, subd. (b)). In November 2007, at a bench trial, the trial court…