California v. Gonzalez
Annotate this CaseBetween 2015 and 2018, Manuel Gonzalez was charged with and pleaded guilty to three cases important to the decision in this appeal. After violating probation in two cases, defendant Gonzalez was sentenced to state prison. While in jail and prior to being transported to state prison, Gonzalez was charged with an additional crime to which he pleaded guilty. At sentencing on the later case, the trial court recalled the two probation violation sentences and, pursuant to the "Three Strikes" law, sentenced Gonzalez consecutively on the three cases. On appeal, Gonzalez contended the trial court erred when it refused to consider applying, under former Penal Code section 667 (c)(8), concurrent sentences to his probation violation cases. He further contended, and the Attorney General agreed, that the matter had to be remanded for resentencing pursuant to the newly amended Penal Code section 1385, which gave the trial court discretion whether to strike his prior conviction enhancement. The Court of Appeal determined the trial court properly sentenced Gonzalez to consecutive sentences under Penal Code section 667(c)(8). The matter was remanded solely for resentencing in light of section 1385. The Court affirmed in all other respects.
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