Patino

Defendant was charged with possession of phencyclidine (PCP) for sale (Health & Saf. Code, § 11378.5) and being an ex-felon in possession of a concealable firearm (Pen. Code, § 12021). The information further alleged defendant had suffered two prior felony convictions within the meaning of Penal Code section 667.5, subdivision (b). Defendant admitted the truth of the prior convictions before trial. However, the trial court permitted the district attorney, over defendant’s objection, to intro duce evidence of both of defendant’s prior convictions with respect to the Penal Code section 12021 charge.

The jury found defendant guilty of possession of a controlled substance (Health & Saf. Code, § 11377), a lesser included offense of Health and Safety Code section 11378.5. The jury was unable to reach a unanimous verdict on the Penal Code section 12021 charge. After the trial court sentenced defendant to a total of five years on the Health and Safety Code section 11377 count and the two prior convictions, the district attorney dismissed the Penal Code section 12021 charge.

Defendant appeals. He contends the trial court erred in allowing proof of more than one prior felony…