Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
APPEAL from a judgment of the Superior Court of San Diego County No. SCD209239, Roger W. Krauel, Judge. Affirmed as modified.
AARON, J.
A jury found Eddie James Adair, Jr., guilty of willfully and unlawfully inflicting corporal injury, resulting in a traumatic condition, upon his spouse (Pen. Code, § 273.5, subd. (a)) and arson (§ 451, subd. (d)). Adair waived his right to a jury trial on allegations of a strike (§ 667, subds. (b)-(i)), a serious felony prior conviction (§ 667, subd. (a)(1)) and a prior prison term (§ 667.5, subd. (b)). The court found the allegations true. The court sentenced Adair to 12 years in prison: six years (twice the middle term) for inflicting corporal injury, a concurrent four-year term for arson, five years consecutive for the serious felony prior and one-year consecutive for the prison prior. Adair appeals, contending that the one-year sentence on the prison prior must be vacated because it is based on the same prior conviction as the serious felony prior. The People properly concede the point. (People v. Jones (1993) 5 Cal.4th 1142, 1144-1145, 1150, 1153.)
All further statutory references are to the Penal Code.
DISPOSITION
The judgment is modified by striking the one-year enhancement for the prior prison term. As so modified, the judgment is affirmed. The superior court is directed to prepare an amended abstract of judgment and to forward it to the Department of Corrections and Rehabilitation.
WE CONCUR: McCONNELL, P. J., IRION, J.