People v. Douglas CA3

BACKGROUND

Defendant was charged with inflicting corporal injury on a cohabitant, first degree burglary, and kidnapping. The information further alleged nine separate prior prison term allegations. In a section of the information entitled “punishments,” the information indicated defendant was subject to “an additional and consecutive term of one year” for the prior prison term allegations. A jury found defendant guilty of inflicting corporal injury and not guilty of residential burglary. On defendant’s motion, the court granted a motion for acquittal on the kidnapping charge. The trial court found seven of the nine alleged prior prison term allegations true.2 The probation report recommended a sentence that included one additional consecutive one-year term for each prior prison term enhancement found to be true. At sentencing, the parties argued about whether the court should sentence on all six prior prison term allegations. The People argued each should be a separate one-year

The trial court found seven priors true and the reporter’s transcript of the sentencing hearing and the abstract of judgment reflect sentencing on seven priors. However, in the discussions…