P. v. Lawson
In this appeal, defendant contends that the trial court erred in staying, rather than striking, two one-year prior prison term enhancements. (Pen. Code, § 667.5, subd. (b); unspecified section references that follow are to the Penal Code.) The People concede the error and we agree that the judgment must be modified.
Facts and Proceedings
Defendant drove a friend's truck on several occasions without permission. Defendant entered a plea of no contest to two counts of unlawfully taking a vehicle (Veh. Code, § 10851, subd. (a)) and also admitted two strike allegations (Pen. Code, § 1170.12) and six prior prison term allegations (Pen. Code, § 667.5, subd. (b)).
The trial court dismissed one of the strikes pursuant to section 1385, subdivision (a) and People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 529-530, stayed two of the prior prison terms, and sentenced defendant to an aggregate prison term of eight years. This appeal followed.
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