People v. Baker CA3

DISCUSSION

Because the sole issue raised presents a pure question of law, we need not discuss the facts of defendant’s offense. When defendant committed the current offense, in September 2013, he was serving sentences imposed earlier that month for receipt of stolen property and grand theft. His aggregate term was three years eight months (three years for grand theft, plus eight months, one-third the midterm, for receiving stolen property). The trial court in the prior case ordered defendant to serve 16 months of his sentence for grand theft in county jail and the remaining 28 months on mandatory supervision. The current case came on for trial on April 15, 2014. Defendant completed the county jail portion of his sentence on April 24, 2014. The trial court imposed sentence in the current case on June 9, 2014. An attempted escape from an honor farm, if not involving the use of force or violence, is punishable by imprisonment in state prison for 16 months, two years, or three years, to be served consecutively to the defendant’s current sentence, or by a maximum of one year in county jail. (§ 4532, subd. (b)(1).) Although the jury was not asked to decide whether defendant used force…