People v. Black CA2/2

INTRODUCTION

In an opinion filed on October 27, 2014, we affirmed the judgment of conviction and held, among other things, that six prior prison terms were served separately by appellant Darnell Black, which was the basis for the enhancement, by six years, of appellant’s sentence. Appellant filed a petition for rehearing in which he pointed out that the probation report showed that two of the six prior prison terms were served concurrently, not separately. We requested a reply to the petition for rehearing. In the reply, respondent cites the certified RAP sheet, which was People’s exhibit 13, that indicates, as we discuss in detail in section 4 of the Discussion part of our opinion, that the probation report is in error and that the sentences were served separately. We agree with respondent that this factual conflict should be resolved by the trial court and therefore remand the case with directions to the trial court to determine whether the sentences on the two prior convictions in question were served separately. Having granted appellant’s petition for rehearing, we issue this opinion that is identical to the opinion filed on October 27, 2014, with four exceptions. They are…