People v. Wells CA5

INTRODUCTION

Defendant James Carter Wells was convicted by jury of inflicting corporal injury on a person with whom he had a dating relationship (Pen. Code, § 273.5, subd. (a)),1 assault with a deadly weapon, a brick (§ 245, subd. (a)(1)), and misdemeanor vandalism (§ 594, subd. (a)(2)). In addition, the jury found true an enhancement alleging defendant used a deadly and dangerous weapon in the commission of count 1. (§ 12022, subd. (b)(1)). Defendant admitted he had suffered one prior strike (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), one prior serious felony conviction (§ 667, subd. (a)(1)), and he had served one prior prison term (§ 667.5. subd. (b)). In a bench trial, the court found defendant had also suffered a prior serious felony conviction based on a 1983 burglary conviction. Defendant’s sentence was enhanced by five years based on this conviction pursuant to section 667, subdivision (a)(1). He received an aggregate prison term of 15 years. On appeal, defendant contends (1) the five-year enhancement based on his 1983 burglary conviction must be reversed because the trial court’s determination that the offense qualified as a serious felony violated his Sixth…