People v. Flowers CA2/4

INTRODUCTION

Michael Flowers appeals from the judgment of conviction. He contends the imposition of three one-year prior prison term enhancements were unauthorized, as he only served two prior prison terms. Appellant also requests that this court independently review the sealed transcript of the in camera proceeding on his motion pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess). We conclude the sentencing claim is moot, as the trial court has corrected the error. After independently reviewing the Pitchess hearing, we affirm.

PROCEDURAL HISTORY

In May 2013, following a jury trial, appellant was found guilty of resisting an executive officer by means of threat or violence, in violation of Penal Code 2 section 69. The jury also found true the special allegation that appellant had suffered three prior convictions for purposes of section 667.5, subdivision (b): a 2002 conviction in People v. Flowers (Super. Ct., L.A. County, 2002, No. 054269), a 2004 conviction in People v. Flowers (Super. Ct., L.A. County, 2004, No. 066595), and a 2006 conviction in People v. Flowers (Super. Ct., L.A. County, 2006, No. 074821). In June 2013, the trial court imposed a…