People v. McKinney CA4/1

California Court of Appeal May 5, 2015 No. D065937Unpublished

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Holding. The court held that serious felony prior enhancements attached to indeterminate terms must be served concurrently if the underlying counts are sentenced concurrently.

Issues

Whether serious felony prior enhancements must be served concurrently when the underlying counts are sentenced concurrently.

Disposition. Affirmed as modified with directions.

Quotations verified verbatim against the opinion

“if the underlying count runs concurrently with other counts, its attached enhancements cannot run consecutively apart from their underlying charge.”

“The trial court is directed to modify the sentence in this case to show that the serious felony enhancements as to counts 2 and 3 must be served concurrently along with those counts.”

Filed 5/5/15 P. v. McKinney CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D065937

Plaintiff and Respondent,

v. (Super. Ct. No. SCD247679)

ROY GEORGE MCKINNEY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Leo

Valentine, Jr., Judge. Affirmed as modified with directions.

Appellate Defenders, Inc. and Neil Auwarter, under appointment by the Court of

Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Melissa Mandel and Laura

Baggett, Deputy Attorneys General, for Plaintiff and Respondent.

Roy George McKinney entered guilty pleas to three counts of attempted robbery

(counts 1-3; Pen. Code,1 §§ 664 & 211) and four counts of false imprisonment by

violence, menace, fraud or deceit (counts 4-7; §§ 236 & 237, subd. (a)). McKinney also

admitted three strike priors (§ 667, subds. (b)-(i)) and one serious felony prior conviction

(§ 667, subd. (a)(1)).

People v. McKinney CA4/1

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COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D065937

ROY GEORGE MCKINNEY,

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DISCUSSION

DISPOSITION

O'ROURKE, J.

IRION, J.

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