Reed

People v. Reed

Good Law
17 Cal. App. 4th 302·1993 Cal. App. LEXIS 769·21 Cal. Rptr. 2d 425·93 Cal. Daily Op. Serv. 5622
Court of Appeal of CaliforniaJuly 23, 1993A059366California1,832 words

Opinion

Opinion

Smith, J.

Tracy Reed pled guilty to inmate battery on a correctional officer. (Pen. Code, § 4501.5; all further section references are to that code.) Sentenced to a full consecutive lower term of two years over his objection that only one-third the middle term of three years (i.e., one year) was authorized (§ 1170.1, subd. (c)), Reed appeals the sentence. We ¿firm.

Background

Reed was originally committed to prison in July 1981 for a Los Angeles robbery. In February 1984, while serving a four-year term for that offense, he was sentenced to two years, consecutively, for a Monterey County battery on a correctional officer.

The current battery on a correctional officer was committed in October 1991 while Reed was confined to Pelican Bay State Prison in Del Norte County. Our record is incomplete. Reed’s full criminal record was not received in time for sentencing, which was governed in any event by a negotiated plea. However, representations by his counsel below indicate that Reed committed this latest battery while back in prison after violating parole on the earlier battery. As the facts are unimportant to this appeal, it is enough to note that Reed physically attacked an officer…

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