California v. Brantley
Annotate this CaseDefendant Markeese Brantley committed the crime of possession of marijuana while he was in state prison, but both his guilty plea and sentencing for that crime took place after he was released from prison. Before sentencing on the possession charge, defendant was convicted and sentenced on a domestic violence charge in another case. Finding Penal Code section 1170.1(c) applied to the possession charge, the trial court here imposed a full consecutive three-year term on the possession charge, rather than imposing one-third of the middle term for this offense pursuant to section 1170.1 (a). On appeal, defendant contended: (1) the trial court erred in finding that section 1170.1(c)’s exception to the one-third the base term rule applied to his sentence; (2) the court failed to exercise its discretion to impose a consecutive or concurrent term; and (3) that trial counsel’s failure to object to the consecutive term constituted ineffective assistance of counsel. The Court of Appeal concurred section 1170.1 (c) did not apply because defendant completed the prison term he was serving before being sentenced on the possession offense. Defendant's sentence was vacated and the matter remanded for resentencing.
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