California v. Mirmon
Annotate this CaseIn April 2010, a trial court sentenced defendant-appellant Richard Mirmon to 12 years in prison for attempted first degree burglary in Los Angeles County. On June 27, 2011, an information charged defendant with conspiracy to bring a controlled substance into prison, bringing a controlled substance into prison, possession of heroin, and possession of methamphetamine in Riverside. The Riverside information also alleged defendant had a prison prior and two strike priors. As charged in the information, defendant faced: (1) 101 years to life in prison with two strikes; or (2) 14 years four months with one strike. Pursuant to a plea agreement, on September 6, 2011, defendant pled guilty to all four counts in exchange for a sentence of eight years four months. On December 2, 2011, the trial court dismissed one of defendant’s two strikes and imposed the agreed-upon sentence of eight years four months. The court made no reference to defendant's Los Angeles case, but stated the sentence was to be served concurrent with any other sentences defendant was serving. On June 11, 2018, defendant filed a petition under Proposition 47 to reduce counts 3 and 4 in the Riverside Case to misdemeanor convictions. The California Department of Corrections and Rehabilitation (CDCR) filed a letter with the Riverside County Superior Court on June 22, 2018. In the letter, CDCR stated that Penal Code section 667 (c)(8), mandated consecutive, not concurrent, sentences for defendant in the Los Angeles and Riverside cases. On June 22, 2018, defendant filed a motion to dismiss the charges. On September 7, 2018, the trial court held a hearing. The court denied defendant’s petition to reduce counts 3 and 4 to misdemeanor convictions. The court then clarified its order on defendant’s sentence in the Riverside Case and ordered that the sentences in the two cases be served consecutively. Defendant appealed. The Court of Appeal found the Riverside trial judge had no discretion to sentence defendant to a concurrent term for his in-prison possession convictions in the original sentencing on the Riverside case, so the trial court properly sentenced defendant to a term to be fully served consecutively to the sentence defendant was already serving.
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