P. v. Allen
Defendant Charles Allen appeals from a judgment of conviction for one count of second degree robbery and one count of assault with force likely to cause great bodily injury. He argues that the trial court incorrectly imposed two one-year sentence enhancements due to his prior service of two terms in a state prison. Because Allen’s prior service in state prison was for one continuous period of time, it counts as only one term in state prison under Penal Code section 667.5, subdivision (g),[1] even though he was serving consecutive sentences in two separate cases. Thus, we agree with Allen that the trial court should have imposed only one prior prison term enhancement. So does the Attorney General. We modify the sentence imposed by striking one of the enhancements assessed pursuant to section 667.5, subdivision (b). As so modified, we affirm.
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