People v. Solorio CA5

DISCUSSION

Defendant contends the trial court misinterpreted section 1170.1, subdivisions (a) and (c). He argues he should have been sentenced pursuant to section 1170.1, subdivision (a) because at the time he was sentenced for the instant offense, his murder conviction in the Imperial County case had been reversed. We agree.

On January 31, 2020, defendant admitted having suffered a prior strike conviction for murder (§ 187) on July 29, 2015. However, defendant’s murder conviction had been reversed prior to that date. He was retried and found guilty of manslaughter (§ 192) in the same case on May 22, 2019. The trial court should consider the validity of defendant’s admission of a prior strike conviction in resentencing defendant in this case.

3. Section 1170.1, subdivision (a), provides in pertinent that “when any person is convicted of two or more felonies, whether in the same proceeding or court or in different proceedings or courts, and whether by judgment rendered by the same or by a different court, and a consecutive term of imprisonment is imposed under Sections 669 and 1170, the aggregate term of imprisonment for all these convictions shall be the sum of the…