Shivers

Defendant appeals his conviction by jury of three counts of first degree murder in violation of Penal Code section 187. Following his conviction, defendant admitted two prior prison terms alleged in the information pursuant to section 667.5, subdivision (b). Defendant was sentenced to life imprisonment without possibility of parole on each of the three counts of murder with the sentence on each count imposed consecutively to the other. The sentence for each count was enhanced by a one-year period for each of the prior prison terms.

We reject defendant’s multiple contentions of reversible error and affirm the judgment of conviction as to each count of murder in the first degree. We agree with defendant’s claim of sentencing error and strike one of the one-year enhancements imposed on each count.

Statement of Facts

Prosecution

Patricia B./Diane N.

V

May defendant’s sentence be enhanced pursuant to section 667.5, subdivision (b), where the prior prison term was for a crime committed after the commission of the crimes for which he is presently being sentenced?

Each count of the information alleged that defendant had served two prior prison terms for prior felony…