Warden

I. BACKGROUND/PRIOR PROCEEDINGS

On November 20, 2014, Fritz was charged with molesting a child under 18 with a prior sex conviction (Count 1); unlawful sexual intercourse (Count 2); and misdemeanor obscene matter (Count 3). The information also alleged that Fritz had three prior strikes based on his 2001 felony convictions for attempted forcible rape, forcible oral copulation, and sodomy by use of force. At the conclusion of a bench trial, the trial judge found Fritz guilty as charged and also found true the three prior strikes. The trial court sentenced Fritz to a term of 25 years to life imprisonment plus three years for the three prior prison terms on Count 1, a concurrent 25 years to life imprisonment plus three years for the three prior prison terms on Count 2, and a concurrent six months’ imprisonment on Count 3. Through counsel, Fritz appealed his conviction, arguing that the trial court erred in imposing three enhancements because Fritz served the terms for the 2001 conviction consecutively and thus was subject to a single consecutive term of prior imprisonment. Respondent agreed that the trial court’s sentence was erroneous. The Court of Appeal

unanimously modified…