People v. Jones

Opinion

ABBE, J.

Presented in this appeal is an issue of whether substantial evidence supports the jury finding relating to the charged prior enhancements under the provisions of Penal Code section 667.5, subdivision (b). We find neither such a jury finding nor substantial evidence to support the enhancements.

Appellant was convicted by jury of a battery on a nonprisoner by a prisoner (§ 4501.5) and in a bifurcated proceeding was found to have suffered two prior felony convictions. (§ 667.5, subd. (b).) He was sentenced to a consecutive middle term of three years on the battery. Using the one…