Gray

Defendant Billy Gene Gray was convicted on his guilty plea of the sale of cocaine (Health & Saf. Code, § 11352). Defendant was sentenced to prison for the middle term of four years, plus a one-year consecutive term for a previous conviction in Kings County. Defendant appeals, urging sentencing errors only.

The principal issue presented is one of first impression: Does bail on appeal from defendant’s first conviction and sentence preclude the court imposing sentence for defendant’s second conviction from ordering that the sentences so imposed run consecutively? (Pen. Code, § 669.j We conclude that it does not and affirm the judgment.

Procedural History

On December 21, 1981, the Kings County Superior Court sentenced defendant to four years in prison for his conviction by jury of possession of cocaine for sale and other related offenses. Immediately thereafter, defendant filed a notice of appeal and asked to be released pending appeal. The court refused defendant’s request and fixed bail on appeal at $5,000. Defendant asked the court to stay the sentence to allow him to post bail. The court refused and ordered defendant into custody. Defendant later posted bail and was…