Holding

People v. Holding

Good Law
197 Cal. App. 3d 981·1987 Cal. App. LEXIS 2494·243 Cal. Rptr. 512
Court of Appeal of CaliforniaDecember 21, 1987B024375California975 words

Opinion

Opinion

Gilbert, J.

Defendant David James Holding appeals the sentence ordered by the trial court after his guilty plea to possession of cocaine (Health & Saf. Code, § 11350) and petit theft (Pen. Code, §§ 484, subd. (a), 666). We affirm and hold that the one-year enhancement for service of a prior prison term was proper. (§ 667.5, subd. (b).)

Facts

In case No. CR21597, the information alleged that Holding unlawfully possessed cocaine on May 19, 1986. The transcript of the preliminary hearing reflects that Holding was arrested for an unrelated offense and a booking search revealed cocaine and drug paraphernalia in his clothing. The information also alleged that Holding served a prior prison term within section 667.5, subdivision (b) for both discharging a firearm at an occupied vehicle and burglary within the past five years. Holding had received concurrent prison sentences for these 1981 convictions.

In case No. CR21455, the information alleged that Holding unlawfully took merchandise from Lumber City, a building supplies store in Ventura. The probation report reveals that on September 29, 1986, Holding visited Lumber City and secreted merchandise in an outdoor garden area. After the…

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