People v. Leadbetter

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 contest plea to assault with a deadly weapon. (Pen. Code, § 245, subd. (a)(1).) He admitted personally inflicting great bodily injury upon the victim. (§ 12022.7, subd.…