People v. McRae CA4/1

California Court of Appeal Aug 3, 2016 No. D068666Unpublished

AI Brief

AI-generated · verify before citing

Holding. The court held that a trial court must strike, rather than stay, a one-year prison prior enhancement when it arises from the same conviction used to impose a five-year serious felony enhancement.

Issues

Whether the trial court erred by staying rather than striking a prison prior enhancement that arose from the same conviction as a serious felony enhancement.

Disposition. Affirmed in part; reversed in part and remanded.

Quotations verified verbatim against the opinion

“a defendant cannot incur sentence enhancements under both sections 667 (serious felony) and 667.5 (prison prior) based on a single prior conviction.”

“the trial court erred in staying, rather than striking, the one-year prison prior enhancement (§ 667.5, subd. (b)) that arose from SCN181880.”

Filed 8/3/16 P. v. McRae CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D068666

Plaintiff and Respondent,

v. (Super. Ct. No. SCD261763)

KEVIN McRAE, JR.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County,

Louis R. Hanoian, Judge. Affirmed in part; reversed in part and remanded with

directions.

Cindy Brines, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney

General, Eric A. Swenson, Lynne G. McGinnis and Kristen A. Hernandez, Deputy

Attorneys General, for Plaintiff and Respondent.

INTRODCUTION AND PROCEDURAL BACKGROUND

A jury found Kevin McRae, Jr. guilty of assault by means of force likely to

produce great bodily injury (Pen. Code,1 § 245, subd. (a)(4)) (count 1), and battery with

serious bodily injury (§ 243, subd. (d)) (count 2). The jury also found that McRae

personally inflicted great bodily injury on the victim within the meaning of section

People v. McRae CA4/1

AI Brief

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D068666

INTRODCUTION AND PROCEDURAL BACKGROUND

More from California Court of Appeal

Related research

DISCUSSION3

III.

DISPOSITION

AARON, J.

IRION, J.

AI Brief