People v. Ratliff CA4/2

BACKGROUND

In 2002, a jury found Ratliff guilty of assault with a deadly weapon and possession

of a firearm by a felon. (§ 245, subd. (a)(1); former § 12021, subd. (a)(1); People v.

Ratliff (Aug. 24, 2004, E032100) [nonpub. opn.] pp. 4-5 (Ratliff I).) The jury also found

that Ratliff committed both offenses for the benefit of a criminal street gang. (§ 186.22,

subd. (b)(1); Ratliff I, E032100, p. 5.) In addition, the allegations that he personally used

a firearm in connection with the assault count (§ 12022.5, subd. (a)), had two prior strikes

under the three strikes law (§ 667, subds. (b)-(i)), had two prior serious felony

convictions (§ 667, subd. (a)), and had served two prior prison terms (former § 667.5,

subd. (b)) were all found true. The court sentenced him to 24 years in prison plus an

indeterminate term of 25 years to life. The court stayed the sentences for the prior prison

term enhancements.

On Ratliff’s appeal from the judgment, we agreed with him that the court erred by

staying his sentences for the prior prison term enhancements, and we directed the court to

strike the enhancements. (Ratliff I, supra, E032100, p. 21.) The court struck the

enhancements…