People v. Prado CA1/2

STATEMENT OF THE CASE

On December 31, 2013, the Solano County District Attorney filed two informations, each charging appellant with one count of battery by a prisoner on a non- confined person (Pen. Code, § 4501.5).1 After a court trial on February 21, 2014, the court sentenced appellant to a total of three years in prison, the low term of two years in case No. FCR298555, plus a consecutive one-third middle term of one year in case No. FCR297743. The court ordered these terms to run consecutively to appellant’s existing prison term. At the time of the present offenses, appellant was serving the sentence

1 Further statutory references are to the Penal Code unless otherwise indicated.

1 imposed in Los Angeles County case No. BA195408; while serving that sentence, he was convicted of an in-prison offense in Del Norte County case No. CR-PB-02-5184. On February 27, 2014, appellant filed motions for resentencing, arguing that because appellant had a previous conviction for an in-prison offense, he should have been sentenced to a one-third middle term on each of the new offenses. At a hearing on March 19, 2014, the court vacated the sentence in case No. FCR298555 and imposed the one-…