People v. Wilson CA2/7

Filed 11/10/14 P. v. Wilson CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B251789

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA099473) v.

JONATHAN WILSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Tia Fisher, Judge. Sentence vacated and remanded with directions. Johnathan Wilson, in pro. per.; and Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Lance E. Winters, Senior Assistant Attorney General, Paul M. Roadarmel, Jr., and Allison H. Chung, Deputy Attorneys General, for Plaintiff and Respondent. ___________________________________

Jonathan Wilson appeals from the judgment entered following his conviction after a negotiated plea agreement, contending the trial court erred in sentencing him to a prison term substantially longer than provided by the plea agreement. We vacate the sentence and remand for resentencing. PROCEDURAL BACKGROUND Wilson was charged in a felony complaint with two counts of possession of contraband in jail (Pen. Code, § 4573.6, subd. (a))1 with a special allegation he had suffered one prior serious or violent felony conviction within the meaning of the three strikes law (§§ 667, subds. (b)-(i); 1170.12, subds. (a)-(d)) and had served one separate prison term for a felony (§ 667.5, subd. (b)). On December 18, 2012 Wilson entered a plea of guilty to one count of possession of contraband in jail and admitted the prior strike allegation. Pursuant to a negotiated agreement, in return for his plea Wilson received a 16-month state prison sentence, consisting of one-third the two-year middle term doubled under the three strikes law, to be served consecutively to the sentence it was believed Wilson was then serving in a San Bernardino County Superior Court case. Under the agreement Wilson received no presentence custody credit. The remaining count and special allegation were dismissed pursuant to the plea agreement. On July 19, 2013 the trial court learned the agreed-upon sentence was unauthorized because Wilson had been released on parole on December 14, 2012 in the San Bernardino County case.2 In addition, the sentencing triad for possession of contraband in jail was two, three or four years, not 16 months, two or three years. At the resentencing hearing on September 11, 2013 Wilson declined the trial court’s offer to withdraw his plea and objected to being resentenced to a different, longer prison term. Wilson suggested the court dismiss his prior strike conviction and sentence him to a term substantially similar to the one initially imposed. The court heard and