Brady

In this case we deal with the narrow issue of whether the “total term of imprisonment imposed” upon John Thomas Brady also includes the one year imposed for the prior prison term he admitted he had served for purposes of calculating the amount of credits he can now be awarded while sentenced to prison pursuant to the newly enacted “three strikes” law. (See Pen. Code, § 667, subds. (b)-(i), specifically (c)(5).) We conclude that it does.

Background

On June 1, 1994, Brady pleaded guilty to the unlawful taking and driving of Jennifer Koslow’s vehicle (Veh. Code, § 10851, subd. (a)) on April 11, 1994. He also admitted he had suffered an earlier serious felony conviction (armed robbery, §§ 211/12022.5) that qualified as a “strike” under the “three strikes” statute (§ 667, subds. (d), (e)(1)) and had served a prior prison term. (§ 667.5, subd. (b).) Brady stipulated to a total five-year term consisting of a four-year term for the current charge (based on doubling the middle term of two years under § 667, subd. (e)(1)) and an additional one year for the prison prior. On the prosecutor’s motion the trial court dismissed a charge of receiving stolen property (§ 496, subd. (a))…