Gokey

In this decision we hold that a prior conviction for a drug-related offense may serve as the basis for separate, consecutive sentence enhancements under both Penal Code section 667.5 and Health and Safety Code section 11370.2.

I

Background

Leon Loren Tuttle was charged in an amended information with possession for sale of methamphetamine (§ 11378), and the sale of methamphetamine (§ 11379). The amended information also alleged, pursuant to Penal Code section 667.5, subdivision (b), that Tuttle served two prior prison sentences following separate felony convictions on June 28, 1991, and July 1, 1993. The amended information further alleged that Tuttle had two previous convictions, on June 28, 1991, and December 20, 1994, for drug-related felonies as specified in section 11370.2.

The trial evidence established the following. Theresa Gokey arranged to sell a half ounce of methamphetamine to an informant, Ricky Wheat. Tuttle and Gokey drove together to a motel and met with Wheat in his room. Gokey took 8.17 grams of methamphetamine out of her pocket and told Wheat that she had only a quarter ounce of methamphetamine, and not the half ounce, as previously arranged. She…