People v. Simpson

Opinion

WORK, J.

Convicted of robbery, Michael Tyrone Simpson, contends the trial court erred in enhancing his term because of his admitted prior felony conviction, while aggravating his base term because he was on parole for the same previous conviction when committing his present offense. He meritoriously claims additional presentence custodial credits.

Unless otherwise prohibited the proved fact Simpson served a previous prison term within the meaning of Penal Code1 section 667.5, subdivision (b) permits a one-year enhancement to his sentence. Similarly, the admitted fact he was on prison…