People v. Shirley

Opinion

SPARKS, Acting P. J.

In an earlier proceeding, defendant pled guilty to assault with a deadly weapon and admitted inflicting great bodily injury in the commission of that offense. (Pen. Code, §§ 245, subd. (a)(1), 12022.7.) The sentencing court in that prior case then struck the great bodily injury enhancement. The issue in this appeal is whether that striking prevented the trial court in this subsequent case from using the stricken enhancement for purposes of treating the earlier offense as a serious felony. We hold that it did not and that consequently defendant was properly sentenced…