The People v. Spencer CA5

FACTS

On September 16, 2010, Fresno police officers arrested Spencer during a traffic stop after they found a glass pipe with white residue and a burnt tip, and a baggie containing 1.29 grams of cocaine base on his person. Spencer admitted to the officers he was taking the cocaine base to a hotel to sell it for $50. On September 20, 2010, the district attorney filed a complaint charging Spencer with the counts and enhancements he pled to. On March 28, 2011, Spencer entered his plea in this matter. On October 25, 2011, the court struck four prior prison term enhancements and sentenced Spencer to a six-year local term: the aggravated term of five years on count 1, a stayed four-year term on count 2, a one-year prior prison term enhancement, and two stayed three-year prior conviction enhancements. On June 19, 2012, Spencer filed a motion seeking compassionate release pursuant to section 1170, subdivision (e), which the court denied on July 5, 2012. On July 11, 2012, the court awarded Spencer 538 days of presentence custody credit consisting of 269 days of presentence actual custody credit and 269 days of

All further statutory references are to the Penal Code unless otherwise…