People v. Baird

*128Opinion

BAXTER, J.

When a prior felony conviction is used against a defendant to establish the ex-felon element of a charge under section 12021 of the Penal Code1 (possession of a firearm by an ex-felon), may the prison term resulting from that prior conviction be used to enhance the defendant’s sentence under section 667.5, subdivision (b) (section 667.5(b))?

The Court of Appeal below concluded that People v. Edwards (1976) 18 Cal.3d 796 [135 Cal.Rptr. 411, 557 P.2d 995] and People v. Wilks (1978) 21 Cal.3d 460 [146 Cal.Rptr. 364, 578 P.2d 1369] were controlling on this issue. Those cases,…