Mooring

On September 19, 1980, the District Attorney of Contra Costa County filed an information in the superior court alleging that appellant had violated Health and Safety Code section 11378 (possession rof controlled substance for sale). The information also alleged five prior felony convictions pursuant to Penal Code sections 667.5, subdivision (b) and 1203, subdivision (e)(4). On September 22, 1980, appellant pled not guilty and denied the prior convictions.

On May 15, 1981, appellant filed a “Notice of Motion Objecting to Composition of Jury Panel,” which motion was heard on May 18, 1981, prior to the selection of the jury, and was denied. Out of the presence of the jury, appellant admitted the five prior felony convictions and jury selection commenced. The presentation of evidence began on May 19, 1981, the case was submitted to the jury on May 21, 1981, and appellant was found guilty.

On June 18, 1981, the court heard and denied the motion for the new trial. Appellant was sent to state prison for the aggravated term of three years and sentenced to two consecutive one-year terms pursuant to Penal Code section 667.5, subdivision (b) (making a total commitment of five…