People v. Jones

Opinion

MERRILL, J.

Appellant Calvin Jones was convicted of assault with a deadly weapon, and the enhancing allegation of personal infliction of great bodily injury was found to be true. The jury also found to be true the allegations of three prior felony convictions. The sole issue raised on appeal is whether sufficient evidence supported the jury’s finding regarding two of the alleged prior convictions.

I.

Facts

We set forth the facts to the limited extent necessary for a determination of the issue on appeal. The information alleged that appellant had five prior felony convictions. Following presentation of evidence on the prior convictions, the court granted appellant’s motion to dismiss the third and fourth alleged priors. The jury then found the allegations regarding appellant’s first, second, and fifth prior convictions to be true. Appellant challenges the jury’s findings as to the first prior conviction for burglary and second prior conviction for robbery. He does not challenge the finding as to the fifth alleged prior conviction for robbery.

The only evidence offered to prove the first and second alleged prior convictions was documentary evidence of the information filed in each case, and completed forms signed by appellant, entitled “Waiver on Plea of Guilty/No Contest” and “Waiver on Plea of Guilty.” The waiver form regarding the first alleged prior conviction of burglary states: “I am pleading no contest to the offense of: PC § 459 . . . .” The waiver form regarding the second alleged prior conviction of robbery states: “I am pleading no contest

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to the offense of: § 211 . . . The first form contains the statement: “I am entering a plea of guilty because I am in fact guilty.” The second form contains the statement: “I am entering a plea of no contest because I am in fact guilty.” Both forms state: “I understand that if I do not plead guilty in open court after hearing the negotiated plea, that this waiver form will be destroyed.” Appellant’s initials appear in the boxes after these statements.

The court sentenced appellant to a total of 17 years in state prison. Appellant received four years for the assault with a deadly weapon and consecutive sentences of three years for the great bodily injury enhancement and five years each for the second and fifth alleged prior convictions. No prison term was imposed for the first prior conviction.