Hudson

People v. Hudson

Good Law
239 Cal. Rptr. 3d 42·28 Cal. App. 5th 196
Court of Appeal of CaliforniaOctober 5, 2018F074016California5,174 words

Opinion

Lead Opinion

Meehan, J.

*201 INTRODUCTION

Appellant Marquette Lashon Hudson was convicted by a jury of one count of mayhem in violation of *44 Penal Code section 203. 1 Afterwards, in a bifurcated trial, the court found true allegations that Hudson suffered a prior felony conviction within the meaning of section 667, subdivision (d), and a prior felony conviction within the meaning of section 667, subdivision (a). The trial court sentenced appellant to 21 years in state prison. Hudson's sentence consisted of the following: the upper term of eight years for the single count of mayhem, doubled to 16 years as a result of the section 667, subdivision (d), enhancement, plus five years for the section 667, subdivision (a), enhancement.

On appeal, Hudson does not challenge his conviction for mayhem. Rather, he contends that the trial court engaged in improper judicial factfinding to determine his prior conviction of assault from 1991 under section 245, subdivision (a)(1) (section 245(a)(1) ), was a serious felony and a strike under California's "Three Strikes" law, violating his Sixth Amendment right to a jury trial. Additionally, Hudson seeks to correct several clerical errors in the judgment. Upon review,…

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