People v. Fritz CA3

BACKGROUND

In 2015, defendant was convicted by court trial of annoying or molesting a child under 18 with a prior sex crime conviction (count I, § 647.6, subd. (c)(2)), unlawful

Undesignated statutory references are to the Penal Code.

1 sexual intercourse with a minor (count II, § 261.5, subd. (c)), and possession of obscene matter (count III, § 311.2, subd. (a)).2 The trial court also found true three prior strikes based on defendant’s 2001 felony convictions for attempted forcible rape, forcible oral copulation, and sodomy by use of force. (§§ 667.5, subd. (b), 1170.12.) Defendant served the terms for the 2001 convictions consecutively. The trial court sentenced defendant as follows: 25 years to life plus three years for the three prior prison terms on count I, concurrent 25 years to life plus three years for the three prior prison terms on count II, and a concurrent six months on count III.

DISCUSSION

Section 667.5, subdivision (b) imposes an additional one year penalty “for each prior separate prison term . . . imposed . . . for any felony.” A prior separate prison term is “a continuous completed period of prison incarceration imposed for the particular offense…