People v. Dearing CA3

BACKGROUND

Defendant stabbed Jose M. in the arm with a kitchen knife. He was charged in Tehama County with assault with a deadly weapon (§ 245, subd. (a)(1)) and it was alleged defendant had a prior serious or violent felony conviction (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). Defendant pleaded no contest to the charge. On February 5, 2019, the trial court imposed the upper term sentence of four years in prison but suspended execution of the sentence for five years under a grant of probation. On February 26, 2020, defendant entered a plea in Butte County to evading a peace officer with a willful or wanton disregard for the safety of persons or property (Veh. Code, § 2800.2, subd. (a)) and was sentenced to three years in prison on May 13, 2020. Defendant’s abstract of judgment from Butte County has the box checked for “PRISON COMMITMENT.” On November 19, 2020, defendant moved in Tehama County under section 1203.2a to terminate the court’s jurisdiction; the motion was denied. On December 21, 2020, relying on section 1203.2a, the Tehama County court imposed the previously suspended four-year sentence, made this the principal term, and ran the three-year term imposed in…