Talibdeen

Certified for Partial Publication. [*]

Defendant Naasir A. Talibdeen appeals from a judgment of conviction following his guilty plea to possession of cocaine (Health & Saf.Code, § 11350, subd. (a)), and his admission that he suffered one prior serious or violent felony conviction for first degree burglary (Pen.Code, § 459) which was alleged as a "strike" under the Three Strikes law (Pen.Code, §§ 667, subds.(b)(i), 1170.12, subds. (a)-(d)). Defendant was sentenced to state prison for a total of 32 months, consisting of a low term of 16 months which was doubled to 32 months under the Three Strikes law. Defendant was also ordered to pay a $50 laboratory analysis fee, a $200 restitution fine, and a $200 parole revocation fine. Defendant contends that he was denied his due process right to a fair hearing before an impartial judge because of repeated instances of judicial misconduct that occurred at his suppression hearing pursuant to Penal Code section 1538.5. The Attorney General contends that the judgment must be modified to impose a $50 state penalty assessment under Penal Code section 1464 and a $35 county penalty assessment under Government Code section 76000.…