Kelly

People v. Kelly

Caution
244 Cal. Rptr. 3d 394·32 Cal. App. 5th 1013
Court of Appeal of CaliforniaMarch 6, 20192d Crim. No. B291220California1,954 words

Opinion

Lead Opinion

Yegan, J.

*1015 Gloria Nyleen Kelly, a three strikes offender, stipulated to an 18-year state prison sentence in exchange for a plea to first degree burglary of a residence with another person present ( Pen. Code, §§ 459, 667.5, subd. (c)(21) ) 1 plus enhancements. Appellant admitted a prior strike conviction (§§ 667, subds. (c)(2) & (e)(2), 1170.12, subds. (a)(2) & (c)(2) ), two prior serious felony convictions (§ 667, subd. (a)(1) ), and seven prior prison term enhancements ( § 667.5, subd. (b) ). The trial court sentenced appellant to four years on the burglary count, doubled to eight years for the prior strike, plus 10 years on the two five-year prior serious felony enhancements (§ 667, subd. (a)(1) ). The prior prison term enhancements were stricken in the interests of justice. (§ 1385.) She purports to appeal, contending that the matter must be remanded to the trial court to exercise its discretion to strike the five-year serious felony conviction enhancements pursuant to recently enacted Senate Bill 1393. (Legis. Counsel's Dig., Sen. Bill No. 1393 (2017-2018 Reg. Sess.) Stats. 2018, ch. 1013, §§ 1, 2.) We dismiss the appeal because appellant failed to obtain a certificate of probable…

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