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PEOPLE v. HENLEY

No. F028293.

85 Cal.Rptr.2d 123 (1999)

72 Cal.App.4th 555

The PEOPLE, Plaintiff and Respondent, v. Darrell Anthony HENLEY, Defendant and Appellant.

Court of Appeals of California, Fifth District.

May 25, 1999.

Attorney(s) appearing for the Case

Bradley A. Bristow, Sacramento, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, Shirley A. Nelson and Judy Kaida, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

OPINION

THAXTER, J.

A felony is "serious" if the defendant personally inflicts great bodily injury on any person other than an accomplice. When the prior conviction of such a felony is alleged for purposes of the three strikes law, must the prosecution prove that the injured party was not an accomplice? We will answer this question in the affirmative. Because the trial court placed...

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