Cal.Rptr.3d 98] APPEAL from a judgment of the Superior Court
of Lassen County, Mark R. Nareau, Judge. Vacate and remand
for resentencing. (Super. Ct. No. CC034312)
Conner, Oakland, under appointment by the Court of Appeal,
for Defendant and Appellant.
Becerra, Attorney General, Gerald A. Engler, Chief Assistant
Attorney General, Michael P. Farrell, Assistant Attorney
General, Daniel B. Bernstein, Jennifer M. Poe, Deputy
Attorneys General, for Plaintiff and Respondent.
Acting P. J.
Code section 1170.1, subdivision (c) (statutory section
references that follow are to the Penal Code) provides, in
"In the case of any person convicted of one or more
felonies committed while the person is confined in the state
prison ... and the law either requires the terms to be served
consecutively or the court imposes consecutive terms, the
term of imprisonment for all the convictions that the person
is required to serve consecutively shall commence from the
time the person would otherwise have been released from
prisoner commits a felony while serving a state prison
sentence but is sentenced for the in-prison felony after
completing the prison term, does subdivision (c) of section
1170.1 apply to the sentence for the crime committed in
case, defendant Markeese Mondale Brantley committed the crime
of possession of marijuana while he was in state prison (�
4573.6), but both his guilty plea [257 Cal.Rptr.3d 99] and
sentencing for that crime took place after he was released
from prison. Before sentencing on the possession charge,
defendant was convicted and sentenced on a domestic violence
charge in another case. Finding section 1170.1, subdivision
(c) applied to the possession charge, the trial court here
imposed a full consecutive three-year term on the possession
charge, rather than imposing one-third of the middle term for
this offense pursuant to section 1170.1, subdivision (a).
appeal, defendant contends (1) the trial court erred in
finding that section 1170.1, subdivision (c)’s exception to
the one-third the base term rule applied to his sentence, (2)
the court failed to exercise its discretion to impose a
consecutive or concurrent term, and (3) that trial counsel’s
failure to object to the consecutive term constituted
ineffective assistance of counsel.
section 1170.1, subdivision (c) does not apply because
defendant completed the prison term he was serving before
being sentenced on the possession offense, ...