People v. Keehl CA3

Filed 3/6/15 P. v. Keehl CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Glenn) ----

THE PEOPLE, C072882

Plaintiff and Respondent, (Super. Ct. Nos. 12SCR07799, 12NCR09327, 12NCR09336) v.

CHRISTOPHER LEE KEEHL,

Defendant and Appellant.

In these consolidated proceedings, defendant Christopher Lee Keehl entered negotiated guilty pleas and was sentenced to prison. On appeal, defendant contends (1) in case No. 12NCR09327, the trial court erred in imposing a one-year prior prison commitment enhancement (Pen. Code, § 667.5, subd. (b)) based on an allegation that was neither admitted nor proved, and (2) in case No. 12SCR07799, the one-year sentence imposed for possession of marijuana in jail (Pen. Code, § 4573.8) is unauthorized and must be reduced to eight months. The People

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concede both claims of error. We agree with the parties and modify the judgment accordingly. PROCEDURAL BACKGROUND1 The Charges and Enhancement Allegations Case No. 12NCR09327 In case No. 12NCR09327, defendant was charged with transporting hydrocodone (Health & Saf. Code, § 11352, subd. (a) (count I)); possessing oxycodone (Health & Saf. Code, § 11350, subd. (a) (count II)); unlawfully driving and taking a vehicle (Veh. Code, § 10851, subd. (a) (count III)); and misdemeanor receiving stolen property (Pen. Code, § 496, subd. (a) (count IV)). As to all three felony counts, it was also alleged defendant had previously been convicted of a serious or violent felony (Pen. Code, § 1170.12, subd. (a)-(d)) and that he had served a prior prison term (Pen. Code, § 667.5, subd. (b)). Case No. 12NCR09336 In case No. 12NCR09336, defendant was charged with unlawfully driving and taking a vehicle. It was also alleged that defendant had previously been convicted of a serious or violent felony and that he had served a prior prison term. Case No. 12SCR07799 In case No. 12SCR07799, defendant was charged with knowingly possessing marijuana while in county jail (Pen. Code, § 4573.8). It was also alleged that defendant had previously been convicted of a serious or violent felony and that he had served a prior prison term. The Pleas and Sentencing Defendant entered guilty pleas in all three cases pursuant to a negotiated agreement in which he would receive a prison term of no greater than nine years.