Oakley

Defendant James Edward Oakley was convicted on multiple criminal charges, including transportation of methamphetamine. (Health & Saf. Code, § 11379, subd. (a).) As a repeat offender, defendant was sentenced to an aggregate term of 11 years four months in state prison. Defendant appeals his sentence, arguing that the trial court wrongly sentenced him to an additional three-year term under Health and Safety Code section 11370.2, because the transportation of methamphetamine charge for which he was convicted was based on transportation for personal use. Defendant also contends the trial court wrongly believed it lacked discretion under the three strikes law to sentence defendant to a concurrent term for his conviction on the charge of failure to appear.

In the published portion of this opinion, we conclude that the trial court did not err in imposing the three-year enhancement pursuant to Health and Safety Code section 11370.2, because that enhancement applies regardless of whether transportation of a controlled substance is for personal use.

In the unpublished portion of this opinion, we conclude that the trial court properly sentenced defendant to a consecutive term on…