P. v. Foster CA2/8
Defendant Floyd Foster, Jr., was convicted of two counts of felony driving while intoxicated and one count of driving without a license. He contends on appeal that (1) the trial court erred in imposing indeterminate life terms of imprisonment pursuant to Penal Code section 667, subdivision (e)(2)(C), despite striking his conviction for a sexually violent offense (one of the “super strike” felonies listed in section 667, subdivision (e)(2)(C)(iv)), and (2) his two one-year prior prison term enhancements should be stricken pursuant to section 667.5, subdivision (b), as amended by Senate Bill No. 136 (2019–2020 Reg. Sess.) (Senate Bill 136). The People agree with defendant on both issues. We vacate the two indeterminate life terms and remand with direction for the trial court to strike the prior prison term enhancements and resentence defendant.
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