Navarez

Defendant Benny Navarez was convicted after trial by jury of possession of heroin for sale (Health & Saf. Code, § 11351), driving under the influence (Veh. Code, § 23152, subd. (a)), and driving a motor vehicle without a license (Veh. Code, § 12500, subd. (a)). Defendant admitted a prior prison term. The trial court denied probation and sentenced defendant to state prison for the upper term of four years on count I. The court also sentenced defendant to the Kern County jail for concurrent terms of six months each on counts II and III. The probation report and sentencing transcript are devoid of any mention of the admitted prior felony conviction for which defendant’s sentence should have been enhanced for one additional year. (Pen. Code, § 667.5, subd. (b).)

Defendant filed a timely notice of appeal.

Facts

On July 18, 1982, at approximately 2:30 a.m. defendant was arrested by a City of Delano police officer, Officer Harold White, for driving under the influence of alcohol.

Officer White transported defendant to the Delano jail where Diana Boyd was the custodial officer on duty. Ms. Boyd booked defendant at 2:42 a.m. She removed the property from his pockets and placed…