People v. Tranum CA4/2

BACKGROUND

In January 2018, defendant pled guilty to first degree burglary (Pen. Code, § 459)

and a misdemeanor charge of possessing an opium pipe (Health & Saf. Code, § 11364).

He admitted two prior convictions that qualified both as serious felonies (Pen. Code, §

667, subd. (a)) and prior strikes (Pen. Code, § 667, subd. (b)(1)). He also admitted three

prison prior convictions (Pen. Code, § 667.5, subd. (b). The court granted defendant’s

motion to strike one of the prior strikes, but “only for the purposes of the [T]hree

[S]trikes sentencing law,” leaving the admission intact “for all other sentencing purposes,

including the [Penal Code section] 667[ subdivision ](a) prior, which is going to be

imposed.” The court sentenced defendant to an aggregate term of 18 years in prison. In

doing so, the court imposed but immediately struck one-year enhancement terms for each

of defendant’s three prison priors.

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 In December 2023, the trial court reviewed defendant’s eligibility for recall and

resentencing under section 1172.75. The court noted on the record that it considered the

following…