P. v. Levels
Filed 3/23/06 P. v. Levels CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Appellant, v. MARK ANTHONY LEVELS, Defendant and Respondent. | E038539 (Super.Ct.No. FMB7365) OPINION |
APPEAL from the Superior Court of San Bernardino County. Bryan Foster, Judge. Reversed.
Michael A. Ramos, District Attorney, and Mark A. Vos, Lead Deputy District Attorney, for Plaintiff and Appellant.
Valerie G. Wass, under appointment by the Court of Appeal, for Defendant and Respondent.
An information charged defendant and respondent Mark Anthony Levels (defendant) with one count of failure to register as a convicted sex offender under Penal Code[1] section 290, subdivision (g)(2). The information also alleged that defendant had two prior strike convictions within the meaning of sections 1170.12 and 667. Defendant entered a plea of guilty and admitted the prior strike allegations. The trial court dismissed both of defendant's prior strikes and sentenced him to 16 months in state prison. The People appeal. The People contend, and we agree with them, that the trial court abused its discretion in dismissing both of defendant's prior strikes. Therefore, we reverse the ruling and remand the matter with directions to the trial court to resentence defendant.
I
FACTUAL AND PROCEDURAL BACKGROUND
In 1992, defendant was convicted of felony armed robbery under section 211, and forcible rape under section 261, subdivision (a). Defendant was sentenced to four years in state prison. As a result of his forcible rape conviction, defendant has a lifetime duty to register as a sex offender in California, under section 290.
Defendant served four years in state prison. After being released from prison, he violated his parole in March 1997, and returned to prison. Thereafter, defendant transferred his parole to Georgia. At some point in 1999, a sergeant with DeKalb County Sheriff's Department in Georgia told defendant that he did not â€
