Maldonado

In this case we strike a five-year sentence enhancement for a 1950 murder conviction in Texas because the minimum elements of the prior conviction did not include all the elements of a serious felony in California.

I. *

II.

A jury convicted Maldonado of battery with serious bodily injury (Pen. Code, § 243, subd. (d)) and assault with a deadly weapon (Pen. Code, *865 § 245, subd. (a)(1)), and found to be true allegations of personal use of a deadly weapon (Pen. Code, § 12022, subd. (b)) and injury to a person 60 years of age or older (Pen. Code, § 1203.09, subd. (f)). The court also found to be true an allegation that Maldonado had a prior serious felony conviction for murder in Texas in 1950 (Pen. Code, § 667).

The court sentenced Maldonado to nine years’ imprisonment, consisting of the middle term of three years for battery with serious bodily injury, a one-year enhancement for personal use, and a five-year enhancement for the 1950 murder conviction.

III. *

IV.

Maldonado correctly contends the five-year enhancement for the 1950 Texas murder conviction must be stricken because the minimum elements of the conviction did not include “all of the elements of any…