P. v. Boothe
Appellant, Richard Martin Boothe, pled guilty on March 21, 1995, to petty theft with a prior (count 1/Pen. Code, 666) and assault (count 2/ 245, subd. (a))[1]and admitted allegations that he had a prior conviction within the meaning of the three strikes law ( 667, subds. (b)-(i)). In exchange for his plea, the prosecutor dismissed one count of reckless driving (Veh. Code, 23103) and a prior prison term enhancement ( 667.5, subd. (b)) and agreed to recommend a two-year sentence on count 1, doubled to four years because of Boothes prior strike conviction, and time served on count 2. The court also released Boothe from custody on bail that day, on the condition that he return for sentencing on May 2, 1995. However, Boothe did not return to court until approximately 11 years later, when he voluntarily appeared in court with defense counsel and turned himself in on May 4, 2006. On that date, the court sentenced Boothe to a six-year term, the aggravated term of three years doubled to six years because of his prior strike conviction. At a hearing on May 12, 2006, the court determined that Boothe was entitled to 18 days of presentence custody credit and sentenced him to time served on his assault offense. On appeal, Boothe contends the court committed sentencing error. Court affirm the judgment of conviction and remand the matter for resentencing.[
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