Powell

A jury convicted defendant Tyrone Harold Powell of possession of cocaine base for sale. (Health & Saf. Code, § 11351.5.) The trial court sentenced him to the midterm of four years and enhanced that sentence with two consecutive one-year terms pursuant to Penal Code section 667.5 (based on two prior and separate prison terms) and one consecutive three-year term pursuant to section 11370.2 (based on a prior conviction for violating § 11352). On appeal defendant contends the trial court violated Penal Code section 654 when it used a common prior to impose two separate enhancements as consecutive terms totaling four years. We affirm as modified.

Factual and Procedural Background

The information charged defendant with possession and purchase of rock cocaine for sale (§ 11351.5) and alleged defendant had served prior separate prison terms for (1) an October 21, 1980, robbery conviction (enhancement number one), and (2) for a September 30, 1987, controlled substance conviction (enhancement number two). The information alleged both prior prison terms were within the meaning of Penal Code section 667.5, subdivision (b). It also alleged defendant’s September 30, 1987, controlled…