P. v. Thomas
Defendant and appellant Kephren Marcus Thomas entered a plea of no contest to a charge of grand theft (Pen. Code, 487, subd. (a)) and admitted suffering a prior conviction under the three strikes law (Pen. Code, 667, subds. (b)-(i), 1170.12, subds. (b)-(i)). The plea and admission were entered pursuant to a case settlement calling for a 32-month sentence, consisting of the low term for grand theft doubled based upon the prior three strikes conviction. The agreement called for the sentence to run concurrent with another of defendants cases. After the matter was called for sentencing, the prosecutor realized defendant could not receive a concurrent sentence as a result of the admission of the prior conviction under the three strikes law. At the prosecutors request, the prior conviction was stricken, and defendant was sentenced to the midterm of two years in state prison. Defendant consented to the imposition of the lesser sentence.
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