People v. Alvarez CA2/6

FACTS

The facts of the underlying offenses are not relevant. The only question is whether two of the prior prison term enhancements imposed pursuant to section 667.5, subdivision (b) apply. Alvarez’s prior prison terms were as follows: On February 24, 2011, Alvarez was sentenced to 16 months for evading an officer. (Veh. Code § 2800.2, subd. (a).) On July 3, 2013, Alvarez was sentenced to two years for taking a vehicle without the owner’s consent. (Veh. Code § 10851.) On March 20, 2014, Alvarez was sentenced to two years for receiving stolen property. (§ 496, subd. (a).) Alvarez committed the third offense while he was still serving a period of mandatory supervision on the second offense. Alvarez committed the present offenses while he was still serving a period of mandatory supervision on the third offense.

DISCUSSION

Alvarez contends two of his prison priors do not qualify for one-year enhancements under section 667.5, subdivision (b) because he committed the offenses while he was on mandatory supervision. Section 667.5, subdivision (b) provides for a one-year sentence enhancement for a new offense for which a prison sentence or a county jail sentence, pursuant to section…