P. v. Hutchinson
In an earlier appeal from defendant's convictions for attempted robbery and burglary (Pen. Code, SS 213, 459/460), this court reversed the judgment and remanded the cause to the trial court for the possible retrial of a prior conviction and for resentencing, with directions. On remand, defendant admitted the prior conviction. Relying on our directions, the trial court imposed a total sentence of five years in state prison, instead of the 14 years to which defendant had been originally sentenced. The People appeal, arguing that the re-sentence violates the provisions of section 654 and therefore constitutes an unlawful sentence. Defendant concedes the error, but argues that defendant's admission of the prior conviction is insufficient to support a five year enhancement of his sentence pursuant to section 667, subdivision (a). Court accept defendant's concession of error, reject his contention concerning his prior conviction, reverse the judgment and remand for resentencing.
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