PEOPLE v. LEDBETTER

No. B247709.

222 Cal.App.4th 896 (2014)

166 Cal. Rptr. 3d 448

THE PEOPLE, Plaintiff and Respondent, v. TOMMY SHERRELL LEDBETTER, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

January 6, 2014.


Attorney(s) appearing for the Case

Mark R. Feeser , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Lance E. Winters , Assistant Attorney General, Kenneth C. Byrne and Seth P. McCutcheon , Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

YEGAN, J.

In this first impression case, we decline the People's request for remand to relitigate the truth of a prior conviction allegation. Appellant is lawfully sentenced to prison for a term of 39 years to life and, even if the People can prove the prior on retrial, no increase in sentence will result. We will not allow remand for an idle act.

Tommy Sherrell Ledbetter appeals from the judgment entered after his no...

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