People v. Dorsey CA2/1

I. INTRODUCTION

A jury convicted defendant, Allen Dorsey, of grand theft. (Pen. Code,1 § 487, subd. (a).) The trial court found defendant had one prior serious felony conviction (§§ 667, subd. (e)(1), 1170.12, subd. (c)(1)) and had served four prior separate prison terms (§ 667.5, subd. (b)). Defendant was sentenced to 10 years in state prison.

II. DISCUSSION

A. Prior Separate Prison Term Enhancements

Defendant argues, and the Attorney General concedes, there was insufficient evidence to support three of the four prior separate prison term enhancements. (Case Nos. A737349 (1988), LA005822 (1991) and SA047525 (2004).) The Attorney General requests a remand for retrial. It is well established that the sentencing enhancement allegations may be retried. (Monge v. California (1998) 524 U.S. 721, 727-728, 734; People v. Monge (1997) 16 Cal.4th 826, 843, 845; People v. Villanueva (2011) 196 Cal.App.4th 411, 422; People v. Sifuentes (2011) 195 Cal.App.4th 1410, 1421; People v. Fielder (2004) 114 Cal.App.4th 1221, 1234; see People v. Barragan (2004) 32 Cal.4th 236, 239.) Therefore, we will remand this case to permit the prosecution to retry the section 667.5, subdivision (b)…