People v. Banuelos CA2/1

BACKGROUND

A jury convicted Banuelos of driving a car without the owner’s consent (Veh. Code, § 10851, subd. (a); count 1),

1 Further statutory references are to the Penal Code unless otherwise specified.

2 possession of stolen property (§ 496; count 2),2 and found true the allegations that Banuelos had served prior prison terms within the meaning of section 667.5, subdivision (b). (See People v. Banuelos (Nov. 15, 1996, B087673) [nonpub. opn.].) On September 14, 1994, the court sentenced Banuelos to 25 years to life as to each count pursuant to the Three Strikes law but stayed time on the latter count pursuant to section 654. However, the trial court did not dispose of the enhancements for prior prison terms during sentencing, and following a direct appeal, we remanded the matter to the trial court with directions to exercise its sentencing discretion as to three of the prior prison terms. (Ibid.) Thus, on April 9, 1997, the trial court sentenced Banuelos “on [his three] prior convictions which were found true as follows: [¶] As to each prior, [Banuelos] is sentenced to [one] year pursuant to . . . section 667.5[, subdivision ](b). Sentence is stayed pending the finality of…