People v. Delgado

Opinion

BAXTER, J.

After a jury convicted defendant of felony offenses, a court trial was held on the allegation, for purposes of enhancing his sentence, that he had a prior serious felony conviction. The statute under which defendant was previously convicted—Penal Code section 245, subdivision (a)(1) (section 245(a)(1)) 1 —punishes assault committed either by means “likely to produce great bodily injury” (GBI), or by use of “a deadly weapon . . . other than a firearm.” Only the latter version qualifies as a serious felony.

As sole proof of a prior serious felony conviction, the prosecution…