Phillips
People v. Phillips
Opinion
Opinion
BAMATTRE-MANOUKIAN, J.
Defendant Michael Clayton Phillips appeals after conviction, by jury trial, of possession for sale of cocaine (count 1, Health & Saf.Code, § 11351), possession for sale of cocaine base (count 2, Health & Saf. Code, § 11351.5), possession of a firearm by a felon (counts 3 & 7, Pen.Code, § 12021, subd. (a)(1)), transportation of cocaine (count 4, Health & Saf.Code, § 11352, subd. (a)), possession of cocaine (count 5, Health & Saf.Code, § 11350, subd. (a)), possession of cocaine while armed with a firearm (count 6, Health & Saf.Code, § 11370.1, subd. (a)), and carrying a concealed firearm in a vehicle (count 8, Pen.Code, § 12025, subd. (a)(1)).
The jury found that defendant was armed with a firearm (Pen.Code, § 12022, subds. (a) & (c)) in the commission of counts 1, 2, 4, and 5; that defendant was ineligible for probation (Pen.Code, § 1203.073, subds. (b)(1) & (5)); that the cocaine involved in count 1 weighed over one kilogram (Health & Saf.Code, § 11370.4, subd. (a)(1)); and that defendant was on bail when he committed counts 1, 2, and 3 (Pen.Code, § 12022.1). Defendant admitted that he had two prior convictions of selling, transporting, or possessing for…