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Name: People v. Morales
Case #: B154457
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 02/20/2003
Subsequent History: Modification ordered 3/11/03, no change in judg. Rev. denied 5/14/03.
Summary

Appellant was convicted of three counts of felony annoying or molesting a child. The three count amended information alleged that appellant had previously been convicted of two prior violent felonies. It also alleged two prior serious allegations which applied to one of the counts charged. The jury and court findings entered made no reference to the prior violent felony findings as applying only to a single count. The court dismissed one of the prior violent felony convictions pursuant to section 1385, and doubled the sentence as to one count. As to the two remaining counts, the court imposed consecutive sentences as if appellant had never been convicted of a violent felony. The appellate court remanded for resentencing. Once the jury found appellant had previously been convicted of a violent felony, the sentence as to all the counts had to be doubled. However, upon remand the trial court could exercise its discretion to strike the remaining prior violent conviction as to the other counts. (The court found that the error was jurisdictional and therefore could be raised by the Attorney General for the first time on appeal.)