Because the trial court imposed a concurrent determinate term on count 2 (assault with intent to commit a sex offense – Penal Code section 220, subd. (a)(1)), the Court of Appeal found the enhancement attendant to that conviction must also run concurrently. The Court further remanded the matter for the trial court to exercise its discretion to impose or strike a single prior prison term enhancement. In doing so, the Court found appellant had only served one prior prison term under Penal Code section 667.5 (as opposed to the seven alleged in the information) because all of appellant’s prior convictions were served in one continuous prison term.
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