Rhoads

After the jury found defendant guilty of possession of more than 28.5 grams of methamphetamine for sale (Health & Saf. Code, § 11378; Pen. Code, § 1203.073, subd. (b)(2)) and being under the influence of a controlled substance (Health & Saf. Code, § 11550), the trial court found true the allegations that defendant suffered a prior felony conviction within the meaning of Health and Safety Code section 11370.2, subdivision (c) and that defendant committed the violation of Health and Safety Code section 11378 while out on bail, within the meaning of Penal Code section 12022.1. The trial court sentenced defendant to state prison for three years on the violation of Health and Safety Code section 11378, six months, to run concurrent, on the violation of Health and Safety Code section 11550 and an additional three years under Health and Safety Code section 11370.2, subdivision (c), for a total of six years in state prison.

I.

What Constitutes a Prior Conviction Under Health and Safety Code Section 11370.2, Subdivision (c)

We first address defendant’s contention that a guilty plea, on which sentence has not yet been imposed, does not constitute a “conviction” under Health and…