People v. Parker CA2/3

FACTS AND PROCEDURAL BACKGROUND

In 2012, the People charged Parker with a lewd act on a child under 14 (count 1) and attempting to kidnap a child under 14 (count 2). The People alleged Parker had prior convictions for forcible rape and robbery—both strikes as well as serious felony priors under Penal Code section 667, subdivision (a)(1). The People alleged Parker had served three prior prison terms under Penal Code section 667.5, subdivision (b). On August 28, 2012, Parker entered into a plea agreement with the People. Parker pleaded no contest to the lewd act count. He admitted the priors. In accordance with the plea agreement, the court struck the robbery strike and sentenced Parker to a determinate term of 24 years (instead of the third strike sentence he had been facing). In accordance with Parker’s agreement with the prosecution, the court imposed the upper term of eight years, doubled because of the strike, plus five years for the serious felony prior (rape) and three years for the three prison priors. The court ordered Parker to pay a restitution fine of $5,760. The court dismissed count 2. In December 2022 the court apparently received a letter from the California…