Does the Attorney General have any grounds to appeal against a conviction for an attempted carjacking?

We accept the Attorney General's concession, and will remand the matter for resentencing. Pursuant to People v. Jones (1993) 5 Cal.4th 1142, the trial court erred by using defendant's prior conviction for attempted carjacking as both a prior serious felony ( 667, subd. (a)), and a prior prison term ( 667.5, subd. (a)) to enhance his sentence. Because we are reversing the judgment and remanding the matter for resentencing on the ground that the court improperly used defendant's prior conviction for attempted carjacking to enhance his sentence in two ways, we decline to consider defendant's argument that attempted carjacking is not an enumerated violent felony pursuant to section 667.5, subdivision (c).

The judgment is reversed, and the matter is remanded for resentencing.

Page 4

/s/_________
RUSHING, P.J.