P. v. Holcomb
A jury convicted Wyatt Ely Holcomb of carjacking (Pen. Code,[1] 215, subd. (a)) and robbery ( 211). Holcomb thereafter admitted allegations that he had suffered two prior convictions constituting strikes under the "Three Strikes" Law ( 667, subd. (b)-(i), 1170.12), two serious felony prior convictions ( 667, subd. (a)(1)), and two prior prison terms ( 667.5, subd. (b), 668). The court sentenced him to an 11-year prison term. On appeal, Holcomb contends: (1) the evidence is insufficient to support a finding he aided and abetted the commission of the carjacking and robbery; (2) the trial court erred in denying his request for a mistrial following the improper disclosure of his parole status; and (3) the trial court should have stayed his concurrent four-year robbery sentence under section 654. Holcomb also asks us to correct the abstract of judgment to reflect that the trial court struck rather than stayed one of his prior prison term enhancements. The People concede the abstract of judgment should be modified as Holcomb requests. They also assert the trial court erred by neither striking nor imposing the second prior prison term enhancement and by failing to impose a consecutive five-year enhancement for Holcomb's second prior serious felony conviction. Court agree the sentence must be reversed and the matter remanded for the trial court to either impose or strike the second prior prison term enhancement and that the abstract of judgment should thereafter be modified to correctly reflect the trial court's actions as to Holcomb's two prison term enhancements. Court reject the remaining contentions of sentencing error and otherwise affirm the judgment.
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