In re Salomon CA5

BACKGROUND

In Kings County Superior Court case No. 03CM7373, petitioner was convicted by jury of count III, conspiring to possess a controlled substance in prison (Pen. Code, §§ 182, subd. (a)(1), 4573.6)1 and count IV, conspiracy to furnish a controlled substance to a prison inmate (§§ 182, subd. (a)(1), 4573.9). (People v. Salomon (Oct. 18, 2005, F044183, p. 2 (F044183).) The jury also found true the allegations that petitioner had suffered two prior strike convictions (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). On October 28, 2003, petitioner was sentenced to 25 years to life in prison, to run consecutively to the prison term he was already serving in Fresno County Superior Court case No. 657684-7, and was ordered to pay a restitution fine. In his timely filed appeal, this court reversed his conviction in count IV for conspiring to furnish a controlled substance to a prison inmate based on the Attorney General’s concession, struck the abstract of judgment for the Fresno County cases and, in all other respects affirmed. (F044183, pp. 20, 34.) This court directed the trial court to prepare an amended abstract of judgment with respect to the Kings County case and to…