People v. Lampkin CA3

Filed 12/11/13 P. v. Lampkin CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yolo) ----

THE PEOPLE, C073189

Plaintiff and Respondent, (Super. Ct. No. CRF12575, CRF115670, CRM111436) v.

JARED RAY LAMPKIN,

Defendant and Appellant.

Defendant Jared Ray Lampkin pled no contest to spousal abuse and attempted dissuading a witness and admitted he had served a prior prison term. The trial court sentenced defendant to a term of eight years eight months. The sentence included a one- year term for the prior prison term enhancement, which the trial court stayed. Defendant appeals the judgment, contending the prior prison term enhancement should have been stricken, not stayed. The People properly concede. We will modify the judgment accordingly.

1

BACKGROUND1 The issue in this case involved a one-year prior prison term enhancement which the court stayed in the first of two cases. The defendant pled to the second case and admitted a violation of probation in the first case. In sentencing defendant to a stipulated term of eight years eight months on both cases, the enhancement in the first case was stayed. In January 2012, an information in case No. CRF115670 (the first case) charged defendant with possession of methamphetamine and possession of narcotics paraphernalia. The information also alleged defendant had previously served two separate prior prison terms. Defendant pled no contest to the possession of methamphetamine charge and admitted one prior prison term enhancement. In exchange for his plea, the trial court granted defendant three years of probation. In April 2012, an information in case No. CRF120575 (the second case) charged defendant with false imprisonment by force or violence, inflicting corporal injury on a cohabitant, making a criminal threat, two counts of attempted dissuading a witness, subornation of perjury, misdemeanor child endangerment, resisting an officer, and being under the influence of a controlled substance. The information further alleged defendant had previously been convicted of spousal abuse and had previously served a prior prison term. In addition, as a result of these charges, the prosecutor filed a violation of probation petition. The subornation of perjury charge was dismissed pursuant to Penal Code2 section 995. In the second case, defendant pled no contest to spousal abuse and one count of attempted dissuading a witness. In addition, he admitted the prior prison term