People v. Edwards CA5

BACKGROUND

On June 6, 2016, the Kern County District Attorney charged defendant with bringing a controlled substance into a correctional facility (Pen. Code, § 4573;1 count 1), attempting to deter an executive officer from performing his or her duties (§ 69; count 2), and misdemeanor attempting to destroy or conceal evidence (§§ 664, 135; count 3). The information further alleged defendant had suffered two prior “strike” felony convictions within the meaning of the “Three Strikes” law. (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)) and had served one prior prison term (§ 667.5, subd. (b)). On July 29, 2016, defendant pled no contest to counts 1 and 2 and admitted the special allegations in return for the striking of a prior strike conviction and an indicated sentence of 10 years four months, calculated as follows: on count 1, eight years (the upper term of four years, doubled pursuant to the Three Strikes law), on count 2, 16 consecutive months (eight months, doubled pursuant to the Three Strikes law), plus a

All statutory references are to the Penal Code unless otherwise indicated.

2. one-year prior prison term enhancement.2 The sentence was to be served…