The People v. Lawson CA2/7

Filed 10/7/13 P. v. Lawson CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B243915

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA091962) v.

STEVEN LAWSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Jesse I. Rodriguez, Judge. Judgment affirmed; sentence vacated; and remanded for further proceedings. Tracy A. Rogers, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Kenneth C. Byrne and Seth P. McCutcheon, Deputy Attorneys General, for Plaintiff and Respondent.

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Appellant Steven Lawson appeals from the judgment upon his conviction and sentence for one count of corporal injury to a cohabitant. Before this court, appellant challenges only his sentence, asserting that the court committed two errors in sentencing him. First he claims that in sentencing him under the “Three Strikes Law,” the court relied upon a prior conviction appellant sustained in Alabama for “third degree robbery” that does not qualify under California law as a “strike” and/or a serious felony prior conviction, under Penal Code section 667, subdivision (a)(1). Second, appellant asserts that the trial court calculated and awarded appellant conduct credits under the wrong section, namely, Penal Code section 2933.1. He claims that his conduct credits should have been determined pursuant to Penal Code section 4019. Respondent concedes the matter must be remanded as to both sentencing issues. We agree, and accordingly, appellant‟s sentence is vacated and the matter is remanded for further proceedings. BACKGROUND AND PROCEDURAL HISTORY Appellant was charged in the trial court with two counts of corporal injury to a cohabitant in violation of Penal Code section 273.5, subdivision (a).1 The information further alleged weapons and great bodily injury enhancements. In addition, it was alleged that appellant had served four prior prison terms. A conviction for “Robbery 3rd Degree” in Alabama, was also alleged as a prior serious or violent felony conviction pursuant to the Three Strikes Law, Penal Code sections 667, subdivisions (d)(2) and (b)- (i), and 1170.12, subdivisions (a) through (d); and a serious felony conviction under Penal Code section 667, subdivision (a)(1).2