(Super. Ct. No. 06F02653)
The opinion of the court was delivered by: Cantil-sakauye,j.
Opinion following rehearing
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
A jury found defendant John Isreal Grayson guilty of six counts of
unlawfully and feloniously obtaining and using personal identifying
information of another person (Pen. Code, § 530.5, subd. (a)).*fn1
In a bifurcated trial, the court found defendant served
a prior prison term (§ 667.5, subd. (b)) and suffered a prior juvenile
adjudication in 1986 which constituted a strike within the meaning of
section 667, subdivisions (b) through (i). The court sentenced
defendant to five years in state prison.
On appeal, defendant claims the trial court erred in finding his prior juvenile adjudication constituted a strike, and that the court was prohibited from using the juvenile adjudication to enhance his sentence under the federal due process clause and the right to a jury trial granted by the Sixth Amendment to the United States Constitution. Defendant also contends newly amended Penal Code section 4019 applies retroactively to his sentence and that his prior conviction does not deprive him of the benefit of that statute. We disagree and will affirm the judgment.
FACTUAL AND PROCEDURAL HISTORY
A detailed recitation of the underlying facts is unnecessary for the disposition of this appeal. The relevant facts are summarized as follows.
After purchasing a car from a dealership, Mark McCalmont was informed that his personal information may have been taken.
Thereafter, for an approximate two-week period, defendant used McCalmont's personal information to open credit card accounts with, and purchase items from, various merchants without McCalmont's knowledge or consent.
Defendant was charged by amended information with six counts of unlawfully and feloniously obtaining and using McCalmont's personal information. The amended information alleged that defendant served a prior prison term in November 2002. It also alleged that defendant suffered a prior juvenile adjudication for voluntary manslaughter with the personal use of a firearm in November 1986, that he was over 16 years of age at the time that offense was committed, and he was adjudicated a ward of the court and committed to the California Youth Authority as a result of that adjudication. The prior juvenile adjudication was alleged as a strike within the meaning of section 667, subdivisions (b) through (i).
The jury found defendant guilty on all six counts.
Defendant waived his right to a jury trial on the prior conviction allegations, both of which the court found to be true. After conducting a hearing, the court concluded the ...