P. v. LaPierre CA

Filed 4/29/13 P. v. LaPierre CA NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B239304 (Super. Ct. No. CR30388) Plaintiff and Respondent, (Ventura County)

v.

ANTHONY STANISLAUS LAPIERRE,

Defendant and Appellant.

Anthony Stanislaus LaPierre appeals an order denying his motion to correct his state court sentence to run concurrently, rather than consecutively, to his federal sentence.1 We affirm. FACTUAL AND PROCEDURAL BACKGROUND LaPierre committed a series of armed bank robberies in Hawaii and California. In April 1992, he suffered his first conviction for these crimes. A state court in Hawaii sentenced him to 8 to 20 years in state prison for one robbery. In May 1992, a federal district court in Hawaii sentenced LaPierre to over 27 years in federal prison for several other robberies, to run concurrently "with any

1 LaPierre asserts that the order is appealable as an order made after judgment affecting his substantial rights. (Pen. Code, § 1237.) The People do not contend otherwise.

sentence [LaPierre] is presently serving." LaPierre was in state custody in Hawaii at the time. In February 1993, the Ventura County Superior Court sentenced LaPierre to 20 years in state prison for several other robberies, to "run consecutive[ly] to any Federal time, and any time imposed in the State of Hawaii." The Ninth Circuit vacated the original federal judgment and remanded it with directions. In 1993, the federal district court reinstated the convictions and resentenced LaPierre to over 22 years in prison, again ordering the sentence "to run concurrently with any sentence [La Pierre] is presently serving." LaPierre was still in state custody in Hawaii. The district court judge requested that the judgment "reflect the same words as [he had] previously given with respect to concurrent as to any sentence which [LaPierre] may now be serving." In 1994, we modified the California judgment and directed the trial court to correct the sentencing on the firearm enhancements. The Ventura County Superior Court amended the abstract of judgment, again ordering that the sentence "run consecutive[ly] to any Federal time, and any time imposed in the State of Hawaii." In 1998, the State of Hawaii released LaPierre on parole and he was transferred to the United States Bureau of Prisons to serve his federal term. In 2012, LaPierre filed a motion to correct the California judgment so that his state sentence would run concurrently to his federal sentence. He argued that he should have been transferred in 1998 from Hawaii state custody to California state custody, where his federal sentence should have run concurrently. He conceded that the California court originally had power to order his sentence to run consecutively to the federal sentence, but he argued that it lost that power when the federal sentence was vacated. He argued that in April 2012, when his federal sentence was scheduled to conclude, he should have been released and not transferred to California state prison to commence his 20-year California term. The trial court denied the motion.