Error and/or relief
The trial court erred in treating three prior serious felonies separately though they were not brought and tried separately. Remanded for full resentencing.
First Holding:
Section 667(a) provides for a separate five-year sentence enhancement for every prior serious felony conviction on charges brought and tried separately. Where multiple charges were not brought separately, but were made in a single complaint, the court can only impose a single five-year enhancement for the multiple charges. The question whether prior convictions were brought and tried separately is for the court to decide, not the jury.
Authority:
In re Harris (1989) 49 Cal.3d 131, 136-137
People v. Jones (2015) 236 Cal.App.4th 1411, 1415-1416
Second Holding:
Given that the court rested its sentencing decisions on a mistaken understanding of the law, defendant is entitled to a full resentencing.
Authority:
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]