P. v. Floyd
Kim Floyd entered negotiated guilty pleas to possessing a weapon while a prison inmate (Pen. Code, 4502, subd. (a)) and battery on a non confined person ( 4501.5). He admitted three prior strikes. ( 667, subds. (b)-(i), 1170.12.) The court struck two prior strikes and sentenced him to prison for 10 years, eight months, consecutive to a term he was serving at the time of sentencing: double the four year upper term for possessing a weapon with a prior strike and a consecutive two years, eight months for battery with a prior strike on a non-inmate, (double one third the upper term). Floyd contends the trial court erred in imposing a sentence of double one third the upper term rather than double one third the middle term for battery with a prior strike on a non inmate.
The judgment is affirmed but for the sentence. The matter is remanded to enable the trial court to modify the abstract of judgment to reflect a 10 year rather than a 10 year, eight month sentence. The trial court shall forward a copy of the modified abstract of judgment to the Department of Corrections and Rehabilitation.
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