Sentence for kidnapping, rape and various other crimes is reversed and remanded where sufficient evidence does not support the trial court's finding that his prior conviction was a serious felony under the Three Strikes laws sentencing provisions.
APPEAL from a judgment of the Superior Court of Los Angeles County, Richard R. Romero, Judge. Affirmed in part with modifications, reversed in part, and remanded.
SECOND APPELLATE DISTRICT, DIVISION FOUR
Filed June 26, 2009
Before EPSTEIN, P.J., WILLHITE, J., SUZUKAWA, J.
Opinion by EPSTEIN, J.
For Plaintiff: Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Susan Sullivan Pithey and Beverly K. Falk, Deputy Attorneys General.
For Defendant: Mark D. Lenenberg, under appointment by the Court of Appeal.