Learnard

—Chadwick Vernon Learnard appeals from the judgment entered following a jury trial in which he was convicted of one count of assault with a deadly weapon (Pen. Code, 1 § 245, subd. (a)(1); count 1) and one count of simple battery 2 (§ 242; count 5). The trial court found that appellant had suffered two prior qualifying convictions under the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), two prior serious felony convictions (§ 667, subd. (a)), and two prior prison terms (§ 667.5, subd. (b)). The court sentenced appellant to an aggregate term of 35 years to life in state prison. 3

We reverse the trial court’s determination that appellant’s 2002 conviction for aggravated assault constituted a serious felony conviction and hence a *1120 strike based on the court’s reliance on judicial factfinding beyond the elements of the prior conviction itself. Given that none of the documents in the record of the prior conviction distinguished between assault with a deadly weapon and assault by means likely to produce great bodily injury, the trial court’s determination that the prior conviction constituted a serious felony is unsupported by substantial evidence.…