People v. Patterson CA5

STATEMENT OF THE CASE

On July 9, 2003, a felony complaint was filed against Patterson alleging that he committed the following offenses: attempted escape from the California Youth Authority (CYA) (Welf. & Inst. Code, § 1768.7, subd. (b); count 1); first degree burglary (§ 459; count 2); assault with force likely to produce great bodily injury or with a deadly weapon (former § 245, subd. (a)(1); count 3); and misdemeanor resisting an officer (§ 148, count 4). As to counts 1 through 3, it was further alleged Patterson had suffered a prior felony adjudication/conviction for robbery (§ 211) on July 19, 2001, within the meaning of the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). On August 25, 2003, pursuant to an agreed upon resolution with the prosecution, Patterson pled guilty to counts 1 and 2 and admitted the strike prior. In exchange for his plea, for count 2, Patterson was to serve the low term doubled to four years because of the strike prior. For count 1, Patterson was to consecutively serve one-third of the middle term doubled to 16 months because of the strike prior. Patterson’s aggregate sentence would be five years and four months. On September…