Error and/or relief
The trial court erroneously composed the defendant’s eight-year prison sentence.
First Holding:
The parties agree that the trial court erred in imposing the defendant’s eight-year term as a three-year term under Vehicle Code section 10851, doubled pursuant to the Three Strikes law, plus a two-year enhancement pursuant to section 666.5. Section 666.5 is not an enhancement. It is an alternative sentencing scheme. The sentencing triad for section 666.5 is two, three, and four years.
Authority:
PEN 666.5
People v. Lee (2017) 16 Cal.App.5th 861, 869
Second Holding:
The parties and the trial court intended and agreed that the defendant would be sentenced to the upper term of four years pursuant to section 666.5, doubled to eight years pursuant to the Three Strikes law if he failed to comply with the conditions of the plea agreement. Because the court made a judicial error in rendering the judgment and not a clerical error, we remand the matter to the trial court to resentence the defendant pursuant to the plea agreement.
Authority:
People v. Boyd (2024) 103 Cal.App.5th 56, 63