People v. Brown CA5

INTRODUCTION

Defendant Frederick Brown appeals from a judgment following resentencing pursuant to Penal Code1 section 1172.75. He argues that subdivision (c)(2)(C) of section 1385 required the trial court to dismiss a prior serious felony enhancement (§ 667, subd. (a)) because defendant’s sentence exceeded a term of 20 years. We reject the argument and affirm.

PROCEDURAL BACKGROUND2

In 1999, a jury convicted defendant of rape by force (§ 261, subd. (a)(2); count 1) and incest (§ 285; count 2). In bifurcated proceedings, the trial court determined defendant had suffered two prior serious felony convictions (§ 667, subd. (a)), which also constituted strikes (§§ 667, subds. (c)–(j), 1170.12, subds. (a)–(e)), and had served five prior prison terms, two of which were related to the prior serious felony convictions (§ 667.5, former subd. (b)). The trial court sentenced defendant to an aggregate term of 38 years to life, which consisted of a term of 25 years to life on count 1, consecutive five- year terms on each of the two prior serious felony enhancements, and consecutive one- year terms on each of three prior prison term enhancements.3 Sentence on count 2 was imposed and stayed…