P. v. Cooper
Appellant Anthony Lavelle Cooper, pursuant to a plea agreement, pled no contest to second degree burglary (Pen. Code, 459, 460, subd. (b))[1]and admitted allegations that he had (1) suffered a strike[2]and (2) served three separate prison terms for prior felony convictions ( 667.5, subd. (b)). The court imposed a prison term of six years, consisting of the two-year midterm on the substantive offense, doubled pursuant to the three strikes law ( 667, subd. (e)(1); 1170.12, subd. (c)(1)), plus one year on each of two of the three prior prison term enhancements. The court declined to impose sentence on the third prior prison term enhancement. On appeal, appellant contends the court, by declining to impose sentence on a prior prison term enhancement admitted by appellant but not striking the enhancement, imposed a legally unauthorized sentence. Court remand for further proceedings.
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