Error and/or relief
There was insufficient evidence to prove beyond reasonable doubt that defendant’s prior strikes were based on separate criminal acts, and we remand for resentencing on that basis.
First Holding:
If two strike offenses are based on a single act, the court must dismiss one of the strikes. Prior convictions for multiple criminal acts committed in a single course of conduct may be treated as separate strikes, so long as the convictions are not so closely connected that treating them as separate strikes would be contrary to the spirit of the Three Strikes law. Because we conclude that the record does not prove beyond a reasonable doubt that the defendant’s state robbery and federal bank robbery convictions were based on separate criminal acts, the matter must be remanded for retrial on the priors and full resentencing.
Authority:
People v. Vargas (2014) 59 Cal.4th 635, 638
People v. Benson (1998) 18 Cal.4th 24, 35
People v. Buycks (2018) 5 Cal.5th 857, 893 [When part of a sentence is stricken on review, on remand for resentencing a full resentencing as to all counts is appropriate, so the trial court can exercise its sentencing discretion in light of the changed circumstances.]
Second Holding:
At the retrial, the People may produce evidence to prove that the second and third prior strike allegations were based on separate criminal acts than the fourth prior strike allegation.
Authority:
People v. Fielder (2004) 114 Cal.App.4th 1221, 1234 [Retrial of prior conviction findings is not barred by the state or federal prohibitions on double jeopardy even when a prior conviction finding is reversed on appeal for lack of substantial evidence]