P. v. Ziegman
The People (appellants or the People) appeal the concurrent prison sentences of Timothy Sean Ziegman (defendant) as inconsistent with the letter and spirit of the Three Strikes law and request reversal and remand for resentencing. In addition, the People argue that the trial court unlawfully dismissed one of defendants prior strike convictions. Acknowledging that concurrent sentences are unlawful under the California Supreme Courts ruling in People v. Casper, defendant agrees that the case must be remanded for resentencing, but only so that the court can clarify its intent in light of Casper. Defendant maintains that the prior conviction was properly dismissed pursuant to the requirements of Penal Code[2] section 1385. Court remand, with instructions, for resentencing.
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