P. v. Leach
A jury found defendant and appellant Clement Isadore Leach, Jr., guilty of 15 counts of second degree burglary. (Pen. Code,[1] 459.) In a bifurcated proceeding, the trial court found true the allegation that defendant had suffered a violent felony and strike based on a Louisiana conviction for armed robbery. The court sentenced him to a total prison term of 22 years 8 months, which included the midterm on count 1, the principal term. Defendant appealed to this court, and in our opinion in People v. Clement Isadore Leach, Jr., case No. E042178, we reversed the true finding on the prior strike allegation and remanded the matter for retrial on that allegation and/or for resentencing. On remand, upon the Peoples motion, the court granted a request to dismiss the prior strike. The court then resentenced defendant to an aggregate prison term of 12 years 4 months. The sentence included the upper term on count 1. Defendant filed a second appeal after the resentencing hearing. Court affirm.
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