C.A. 4th;
D069888

The Fourth Appellate District reversed in part a judgment and remanded. In the published portion of its opinion, the court held that the trial court violated defendant's due process rights in sentencing him under an enhanced sentencing scheme not alleged in the information.

A jury found Johnny Wilford guilty of two counts of corporal injury (counts 5 and 6) to a cohabitant and other crimes. The trial court found true, for purposes of the corporal injury counts, that Wilford had suffered a prior assault conviction within the meaning of Penal Code §273.5(h)(1). Before sentencing, the prosecutor filed a sentencing brief requesting that Wilford be sentenced for counts 5 and 6 to terms of two, four, or five years under §273.5(f)(1). At the sentencing hearing, the prosecutor explained she was requesting sentencing under §273.5(f)(1) based on the trial court's true finding on the §273.5(h)(1) prior conviction allegation. The trial court agreed and sentenced Wilford to a consecutive one-third of the midterm sentence of one-third of four years (one year four months), doubled to two years eight months for counts 5 and 6 based on a prior strike conviction.