People v. McRae CA4/1

facts are not relevant to the claim asserted on appeal. 3 and a one-year prison prior under section 667.5, subdivision (b) are imposed for the

same prior conviction (see Jones, at pp. 1145-1146), the proper remedy is to remand the

matter to "the trial court with directions to strike the one-year enhancement of

defendant's sentence . . . under subdivision (b) of section 667.5." (Id. at p. 1153, italics

added.)

At sentencing, the trial court imposed a five-year serious felony enhancement

(§§ 667, subd. (a)(1), 668, 1192.7, subd. (c)) based on McRae's conviction in

SCN181880. The court then stated, "[S]ince a prison prior . . . serves as the basis for

the serious felony prior . . . the first prison prior[4] is stayed pursuant to [Jones] . . . ."

(Italics added.)

We agree that, under Jones, the trial court erred in staying, rather than striking,

the one-year prison prior enhancement (§ 667.5, subd. (b)) that arose from SCN181880.

The information listed the prison prior that arose from SCN181880 as the "First Prison Prior." (Capitalization altered.)

III.

DISPOSITION

The judgment is reversed with respect to the prison prior enhancement (§ 667.5,

subd.…