P. v. Silva CA6
In two cases below, defendant Gary Dale Silva pleaded no contest to two counts of vehicle theft and one count of evading a peace officer. The trial court imposed a total four-year term including a one-year term for a prior prison term enhancement under Penal Code section 667.5, subdivision (b). Silva, however, never admitted the prior prison term enhancement, and it was never found true by any jury or court.
Silva contends the trial court imposed an unauthorized sentence. The Attorney General concedes Silva never admitted a prior prison term enhancement, but the Attorney General contends the trial court simply misspoke at the sentencing hearing.
The transcript of the sentencing hearing, the minutes of the hearing, and the abstract of judgment all reflect the imposition of a one-year term for a prior prison term enhancement. No grounds support the imposition of this term. We will reverse the judgment and remand for resentencing.
Comments on P. v. Silva CA6