People v. Woodworth
Annotate this CaseDefendant appealed his sentence after being convicted of several counts related to the sexual assault of the victim, C. Penal Code section 1170.15 provides that if a defendant is convicted of a felony, and he or she is also convicted of dissuading a witness from reporting or testifying about the first felony, then the trial court must impose a full term sentence for the dissuading a witness conviction instead of the normal one-third the midterm for a second felony. The trial court understood this section to require it to impose a full term consecutive sentence for the dissuading a witness felony. Defendant argued, and the People concede, that section 1170.15 applies only if the trial court first determines it will impose consecutive sentences for the dissuading a witness felony. Because the trial court did not realize it had discretion to impose a concurrent sentence for the dissuading a witness felony, the court remanded for resentencing. The court concluded that there is sufficient evidence to support the three prior prison term enhancements as alleged in the petition because defendant admitted each of them. The court vacated the sentence and remanded for resentencing.
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