People v. O'Bannon CA6

I. BACKGROUND

In 2011, O’Bannon pleaded guilty to five counts of second degree burglary (§§ 459, 460, subd. (b); counts 1–5) and one count of using personal identifying information without authorization (§ 530.5, subd. (a); count 6). O’Bannon also admitted three prior prison terms under former section 667.5(b) and two prior strike convictions (§§ 667, subds. (b)–(i), 1170.12). At the October 2011 sentencing hearing, the trial court considered itself bound by a prior judge’s earlier refusal to dismiss O’Bannon’s prior strike convictions. The court specified, however, that it did not consider itself bound by the prior judge’s indicated sentence.2 The trial court thereafter sentenced O’Bannon to a total term of “28 years[] 4 months” but stated the components of the sentence as follows: “the mitigated term on [c]ount 1 but with the two strike priors makes this a 25-year case with a subsequent eight-month consecutive sentence, which is one-third the midterm on the remaining counts” but with the sentence on count 6 being a “16 months concurrent.” The components of the sentence as pronounced at the sentencing hearing would total 27 years eight months for counts 1 through 5, with a…