California, United States of America
The following excerpt is from The PEOPLE v. LAMONTE, G042534, Super. Ct. No. 08NF0123 (Cal. App. 2010):
Percelle involved a comparable situation. There the defendant was convicted of burglary and robbery; the sentence for robbery was stayed and he served his term for burglary. The information in the case on appeal alleged the robbery as the prior prison term and the enhancement was found true. The appellate court ruled the enhancement based on the robbery had to be stricken. The defendant was not given the notice required by due process that the robbery conviction was the basis for the enhancement. (People v. Percelle, supra, 126 Cal.App.4th at p. 178.)
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