People v. Bracken CA1/4

I.

INTRODUCTION

Appellant Ross Edward Bracken appeals from a one-year sentence imposed for his misdemeanor conviction in criminal case No. SCR599192 consecutive to a three-year aggravated prison sentence imposed for his conviction in case No. SCR645842. He contends that under Penal Code sections 1170 and 1170.1, he could be sentenced to no more than four months consecutive for the misdemeanor conviction in case No. SCR599192. The Attorney General concedes the error. Accordingly we reduce appellant’s sentence for his misdemeanor conviction from one year to four months, and order that the abstract of judgment be modified to reflect this reduction.

II.

PROCEDURAL AND FACTUAL BACKGROUNDS

A criminal complaint, case No. SCR645842, was filed by the Sonoma County District Attorney charging appellant with one felony count of driving a vehicle while having a blood-alcohol content of greater than 0.20 percent, in violation of Vehicle Code

1 section 23152, subdivision (a), and one count of driving while intoxicated in violation of Vehicle Code section 23152, subdivision (b). The complaint also alleged that appellant had suffered three prior convictions for driving while intoxicated,…