People v. Shirley

In People v. Shirley (1993) 18 Cal.App.4th 40, appellant had entered a guilty plea in an earlier proceeding to a charge of assault with a deadly weapon and had admitted inflicting great bodily injury in the commission of that offense. ( 245, subd. (a)(1), 12022.7.) At sentencing the court had struck the great bodily injury enhancement. In later proceedings on several new serious felony offenses, the issue was whether the stricken enhancement could be used for purposes of treating the earlier offense as a serious felony under section 667, subdivision (a), which provides a five-year enhancement for any person convicted of a serious felony "who previously has been convicted of a serious felony . . . ." The court in Shirley acknowledged that the term "convicted" does not have a uniform meaning in California. However, the court found that its meaning was clear from the purpose of the statute. "Here 'convicted' must be given a meaning which comports with the purpose of section 667, which is aimed at deterring recidivism." (People v. Shirley, supra, 18 Cal.App.4th at p. 46.) The court found that this basic purpose " 'would be frustrated by a construction which did not take account of prior criminal conduct.' " (Ibid.) Consistent with this purpose, " ' "conviction" means the ascertainment of guilt, whether by plea or verdict.' " (Ibid.) "Convicted by his plea of guilty and his admission, defendant may not now be exonerated by sentencing considerations in subsequent proceedings. . . . Thus, the determination of guilt by a jury verdict or by plea of guilty suffices to convict for purposes of the serious felony statute. By a parity of reasoning, the admission of an enhancement made with full knowledge of the consequences also serves to determine the nature of the offense it modifies and in cases like this one constitutes the conviction of a serious felony.The striking of the enhancement for sentencing purposes in the earlier case does not negate the conviction or enhancement nor change the nature of the original offense and its accompanying enhancement." (Id. at pp. 46-47.)