Hayes

People v. Hayes

Good Law
1992 Cal. App. LEXIS 609·6 Cal. App. 4th 616·7 Cal. Rptr. 2d 866·92 Daily Journal DAR 6415·92 Cal. Daily Op. Serv. 4104
Court of Appeal of CaliforniaMay 12, 1992No. D012890California3,282 words

Opinion

Lead Opinion

Wiener, J.

In 1987, a jury convicted defendant Albert Hayes of attempted murder. It also found two alleged prior serious felony enhancements, a 1972 Texas robbery conviction and a 1980 California residential burglary conviction, were true. (Pen. Code, §§ 667, subd. (a), 1192.7, subd. *619 (c) (19).) 2 In an earlier opinion we reversed the judgment “insofar as it relate[d] to true findings on the two serious prior felony enhancements” because Hayes was denied his right to participate in that part of the trial involving the enhancements, but affirmed the judgment “[i]n all other respects.” In the ensuing limited retrial, the jury found both priors were true. The court sentenced Hayes to an additional 10 years to be served consecutively to the previously imposed 12 years. Hayes again appeals. We affirm.

I

Out-of-state Prior Conviction

Hayes argues the court could not enhance his sentence on the basis of his earlier Texas robbery conviction because it does not constitute a serious felony within the meaning of sections 667 and 1192.7, subdivision (c)(19).

Section 667, subdivision (a) provides “any person convicted of a serious felony who previously has been convicted of a serious…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.