Cota
People v. Cota
Opinion
Lead Opinion
Harris, J.
—Appellant Jesse Henry Cota was charged on September 25, 1985, with escape, a violation of Penal Code section 4532, subdivision (a); 1 the complaint also alleged a prior felony conviction under section 667.5, subdivision (b). On December 27,1985, a second complaint was filed against appellant in another action alleging three counts of forgery in violation of section 470 and one prior conviction under section 667.5, subdivision (b). In municipal court on January 14, 1986, appellant pleaded guilty to one count of forgery and escape and admitted the prior conviction alleged in the second complaint. The other charges were dismissed and the allegations struck.
*152 Appellant was sentenced in superior court on February 11,1986. The trial court denied probation and sentenced appellant to a two-year state prison term for the forgery conviction. One year enhancement for the prior conviction was added. The court then imposed a consecutive sentence on the escape conviction, setting the time at one year and one day. Appellant’s total sentence was four years and one day.
Appellant’s sole contention on appeal is that the trial court erroneously failed to apply section 1170.1,…