P. v. Kleinau CA3
This case returns to us on transfer from the California Supreme Court.
Defendant James Anthony Kleinau pleaded no contest to reckless evading of a peace officer and admitted four prior prison terms as part of a negotiated plea agreement that included a stipulated sentence. The trial court sentenced defendant to a term of seven years in prison, including the upper term of three years in prison on the evading charge and one year for each of the four prior prison terms. On appeal, defendant contends that Senate Bill No. 136 (2019-2020 Reg. Sess.) applies retroactively to his case and requires that the four prior prison term enhancements be stricken. The Attorney General agrees. However, the parties disagree as to the effect of the new law’s application on the plea agreement.
In March 2021, we filed an unpublished opinion remanding the matter with directions to strike the enhancements and provide both parties an opportunity to withdraw from the plea agreement.
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