People v. Donald CA1/3
Opinion
Opinion
Petrou, J.
Filed 4/26/22 P. v. Donald CA1/
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION THREE
THE PEOPLE,
Plaintiff and Respondent,
A161060
v. NICKIE ALLEN DONALD, (Contra Costa County Super. Ct. Case No. 51207059) Defendant and Appellant.
Appellant Nickie Allen Donald appeals from a resentencing he contends resulted in an unauthorized greater sentence. We disagree that the greater sentence was unauthorized. However, we agree with Donald that remand is nonetheless necessary because the court failed to conduct a full resentencing hearing and was erroneously informed regarding whether certain terms of imprisonment could run concurrently or consecutively. We therefore shall vacate the sentence and remand for a full resentencing hearing.