Fear Not Law Articles: P. v. Cross

P. v. Cross

Filed 1/31/07 P. v. Cross CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

THIRD APPELLATE DISTRICT

(San Joaquin)

----

THE PEOPLE,

Plaintiff and Respondent,

RICKEY DEAUNDRE CROSS,

Defendant and Appellant.

C052134

(Super. Ct. No. TF031810A)

Defendant Rickey Deaundre Cross pled no contest to second degree robbery (Pen. Code, § 211) arising from his armed theft from a Holiday Inn employee.

At the time of his plea and sentence, defendant was serving a six-year sentence for another robbery conviction sustained in Alameda County. Although defendant committed the robbery in the instant proceeding before the Alameda County robbery, the Alameda matter apparently proceeded to judgment first.^{^[1]}

The trial court sentenced defendant in the instant action to the midterm of two years, to run consecutively to his sentence in the Alameda County matter.

On appeal, defendant contends the court failed to comply with Penal Code section 1170.1 when it imposed the full two-year term as a consecutive subordinate term at sentencing. The Attorney General concedes.

They are correct.

Penal Code section 1170.1, subdivision (a) â€

Description	Defendant pled no contest to second degree robbery (Pen. Code, S 211) arising from his armed theft from a Holiday Inn employee. At the time of his plea and sentence, defendant was serving a six-year sentence for another robbery conviction sustained in Alameda County. Although defendant committed the robbery in the instant proceeding before the Alameda County robbery, the Alameda matter apparently proceeded to judgment first. The trial court sentenced defendant in the instant action to the midterm of two years, to run consecutively to his sentence in the Alameda County matter. Both parties request remand for resentencing. Under the circumstances, court grant that request.
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