People v. Luna

Opinion

TURNER, P. J.

Defendant, Justo Luna, appeals his felony conviction

[397]

contending there is no substantial evidence he had previously been convicted of a serious felony. He relies on the holding of

People

v.

Rodriguez

(1998) 17 Cal.4th 253, 261 [70 Cal.Rptr.2d 334, 949 P.2d 31], that evidence appearing on a superior court abstract of judgment was insufficient to prove a prior conviction was a serious felony. We conclude that the March 7, 2000, adoption by the voters of Proposition 21 modifies a small portion of the

Rodriguez

opinion which relates to the sufficiency of the evidence that a prior violation of Penal Code section 245, subdivision (a)(1) constitutes a serious felony. We therefore reject defendant’s sufficiency of the evidence contention and affirm the judgment.

After the jury found defendant guilty of second degree robbery, a court trial was held on the issue of whether his prior conviction was a serious felony thereby qualifying for enhanced sentencing pursuant to Penal Code sections 667, subdivision (e)(1) and 1170.12, subdivision (c)(1). The information, as amended, alleged defendant had been convicted of “PC 245(A)(1)” on August 11, 1994. At the court trial, the prosecution introduced into evidence pursuant to Penal Code section 969b documents contained in a packet of materials prepared by the Department of Corrections. There were three documents. First, the trial court reviewed the abstract of judgment prepared after defendant was convicted of aggravated assault on August 11, 1994. The abstract of judgment states defendant was convicted on August 11, 1994, of violating “PC 245(a)(1)” “ASSLT GBI W/DLY WPN.” Second, introduced as evidence during the bench trial was a Department of Corrections fingerprint card dated September 13, 1994, which indicated defendant’s “[o]ffense” was “PC 245(a)(1) ASSLT GBI W/DL WPN.” Finally, a Department of Corrections booking photograph of defendant was part of the evidence reviewed by the trial court.