Brock

People v. Brock

Good Law
141 Cal. App. 4th 1320·2006 Cal. App. LEXIS 1194·2006 Daily Journal DAR 10165·46 Cal. Rptr. 3d 896·2006 WL 2147487
Court of Appeal of CaliforniaAugust 2, 2006B179876California2,639 words

Opinion

Opinion

Flier, J.

Guan Tyrone Brock appeals his conviction for escape without force or violence. He was sentenced to six years in prison, which is the upper term of three years, doubled for one prior “strike” conviction, under the “Three Strikes” law. He contends: (1) The trial court abused its discretion when it admitted a confession he made during plea negotiations at a pretrial proceeding; (2) his case must be remanded for resentencing, as he should have been charged under a more specific statute, which carried a lesser punishment; (3) imposition of the upper term was improper because the aggravating factors were not found true by a jury.

We modify appellant’s conviction from a violation of subdivision (b) of Penal Code section 4530 to a violation of subdivision (c) of that same section, and otherwise affirm.

FACTS

1. Prosecution Testimony

The Bridge Back Reentry Center (Bridge Back) is a privately owned residential work furlough program that contracts with the California Department of Corrections to provide services for prison inmates whose sentences are nearly completed. Bridge Back is designed to help prisoners reenter society by assisting them with job searches and related…

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