P. v. Bouie CA3
A jury found defendant Dirk Jaong Bouie, Jr., guilty of two counts of battery by a prisoner on a nonconfined person. In a bifurcated proceeding, the trial court found true allegations that defendant had two prior strike convictions. The trial court sentenced defendant to the midterm of three years on count one, doubled to six years under the Three Strikes law, and imposed the same concurrent sentence on count two.
Defendant now contends the trial court abused its discretion in selecting the midterm sentence for each count. We do not reach defendant’s claim, however, because as the People correctly point out, the trial court imposed an unauthorized sentence by sentencing him to concurrent rather than consecutive sentences. We will reverse the sentence, remand for resentencing, and in all other respects affirm the judgment.
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