People v. Valencia CA3

DISCUSSION

I Five-Year Enhancements Under Section 667, Subdivision (a) Defendant contends, and the People agree, two of his five-year enhancements must be vacated. We accept the People’s concession. A. Additional background For purposes of section 667, subdivision (a), the prosecution alleged that defendant suffered prior strike convictions for robbery and attempted robbery in Colusa County Superior Court case No. CR49285 and two prior strike convictions for robbery in Yolo County Superior Court case No. 08-2768. At the bench trial on the prior convictions, the prosecutor introduced a certified copy of defendant’s convictions in those two cases. In case No. CR49285, defendant was convicted of two counts of robbery and one count of attempted robbery. In case No. 08-2768, defendant was convicted of two counts of robbery. The sentences in case No. 08-2768 were imposed consecutively to those sentences imposed in case No. CR49285. No other case numbers are associated with the various charges. After reviewing these documents, the trial court found true the prior serious conviction allegations.

3 B. Analysis A sentence unauthorized by law may be addressed in the first instance…