Acosta
People v. Acosta
Opinion
Lead Opinion
Yegan, J.
*21 Prior prison term enhancements do not attach to a particular count or case. Instead, they attach to the aggregate sentence irrespective of whether that sentence is pronounced for multiple convictions in the same case or in multiple cases. Here, the trial court pronounced an aggregate sentence for multiple felony convictions in three separately brought cases, including the present case. The trial court "dismissed" six prior prison term enhancements in the present case because it had already imposed them in one of the other two cases. Such enhancements can be imposed only once on the aggregate sentence.
The purported dismissals of the six prior prison term enhancements in the present case were of no significance because the enhancements attached to the aggregate sentence and had been imposed to increase that sentence. Thus, when the felony convictions in the two other cases were later reduced to misdemeanors pursuant to Proposition 47, there was no impediment to the reimposition of the six prior prison term enhancements upon resentencing in the present case unless the reimposition was barred by Proposition 47.