People v. Gilmore CA2/4

BACKGROUND

In 2017, a jury convicted defendant and appellant Jamal Lee Gilmore of felony battery on a peace officer (Pen. Code,1 § 243, subd. (c)(2)) and misdemeanor battery on a custodial officer. (§ 243, subd. (b).) The jury found Gilmore inflicted great bodily injury in the commission of the felony battery. (§ 12022.7, subd. (a).) Gilmore admitted he sustained one prior serious felony conviction and a prior strike conviction. (§§ 667, subd. (a)(1); 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) He also admitted he served one prior prison term. (§ 667.5, subd. (b).) The trial court sentenced him to 14 years in state prison,

All undesignated statutory references are to the Penal Code.

2 consisting of a three-year upper term on the felony count, doubled to six years under the Three Strikes law, plus a three-year great bodily injury enhancement and a five-year prior serious felony enhancement.2 Critically, for purposes of the issue presented in this appeal, the trial court stayed the one-year prior prison term enhancement. Five years later, in 2022, the California Department of Corrections and Rehabilitation (CDCR) sent the trial court a letter identifying Gilmore as a…