P. v. High CA3
Defendant Brandon James High entered into an open plea agreement, pleading guilty to two substantive counts and admitting a Penal Code section 667.5, subdivision (b) prior prison term enhancement allegation. Prior to sentencing, defendant moved to dismiss the prior prison term enhancement in the interests of justice. The trial court denied the motion and imposed sentence, including a one-year term for the enhancement.
On appeal, defendant contends (1) the prior prison term enhancement constitutes an unauthorized sentence because the underlying conviction was not a sexually violent offense, (2) he was denied the constitutionally effective assistance of counsel by his attorney’s failure to object to the complaint and/or argue at sentencing that his prior conviction was not a sexually violent offense, and (3) the trial court abused its discretion in denying his motion to strike or dismiss the enhancement in furtherance of justice pursuant to section 1385.
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