People v. Davis CA5

INTRODUCTION

This matter returns to us after we affirmed the underlying judgment on appeal but remanded for the court to consider whether to strike or dismiss a prior serious felony conviction under Senate Bill No. 1393 (2017–2018 Reg. Sess.) (Senate Bill No. 1393), which became effective while this case was pending. Defendant Stephen Leon Davis now appeals again after the trial court denied the motion to strike the prior serious felony conviction and contends the trial court erred in imposing five-year prior felony enhancements under Penal Code section 667, subdivision (a) (section 667(a) or § 667(a))1 separately to each count sentenced to indeterminate terms. Defendant argues that because he was not sentenced as a third-strike offender under the Three Strikes law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)), the trial court was limited to imposing a single section 667(a) enhancement to the aggregate of his determinate and indeterminate sentences. We disagree and affirm.

BACKGROUND

Defendant was charged and tried for multiple offenses stemming from sexual assaults against three different women, identified herein as Doe 1, Doe 2 and Doe 3, on three separate occasions. Doe…