People v. Harris CA2/7
Opinion
Opinion
INTRODUCTION
Adonis B. Harris appeals the superior court’s resentencing determination under Penal Code section 1172.75 on his 2019 conviction for possession of a controlled substance while in a custodial facility. That sentence was imposed consecutive to a 2013 sentence for manslaughter, which he is currently serving, and which does not contain a legally invalid enhancement.1 Because Harris is not yet eligible for section 1172.75 resentencing, we reverse and vacate the resentencing order.
FACTUAL AND PROCEDURAL BACKGROUND
A. Conviction and Sentence In 2013, Harris was convicted and sentenced to a 42-year prison term for voluntary manslaughter, which he is currently serving, and which does not contain a prior prison term enhancement. In 2019, Harris was charged with two counts of possessing a controlled substance in a custodial facility (§ 4573.6, subd. (a)). The 2019 information alleged that Harris had two prior strike convictions for serious and/or violent felonies (§§ 667, subd. (d), 1170, subd. (h)(3), 1170.12, subd. (b)) and that he had suffered a prior prison term within the meaning of section 667.5, subdivision (b).