Burgio

The court, sitting without a jury, found defendant 1 guilty of manufacturing methamphetamine (count I), conspiracy to manufacture methamphetamine (count II), possession of methamphetamine for purposes of sale (count III) and conspiracy to possess methamphetamine for sale (count IV); and found true special allegations, as to counts I and II, that the substance containing methamphetamine exceeded 25 gallons of liquid by *772 volume within the meaning of Health and Safety Code 2 section 11379.8, subdivision (a); and, as to counts III and IV, that the substance containing methamphetamine exceeded 3 pounds of solid weight within the meaning of section 11370.4, subdivision (b). He appeals from the judgment and claims error in the imposition of a 10-year enhancement pursuant to section 11379.8, and a concurrent 3-year sentence for a prior foreign conviction for conspiracy to possess and distribute narcotics.

Facts

A. People’s Evidence

On February 27, 1990, Officer Davis, a detective with the narcotics division of the police department and a qualified expert in the manufacture of methamphetamine and sale of controlled substances, accompanied by officers of the department’s…

In part II of its opinion, the majority holds that a prior felony conviction of conspiracy to possess and distribute narcotics is not a valid prior, within the meaning of Health and Safety Code section 1 11370.2, if suffered in federal court. I disagree.

The majority’s reasoning begins and ends with the language of section 11370.2. Because that language specifies only 11 California code sections as qualifying “prior felony conviction” sections, and the subject federal conviction is not, of course, a conviction of one of those sections, therefore the federal conviction is not a section 11370.2 prior.

I suggest a deeper analysis is called for.

Penal Code section 668 provides: “Every person who has been convicted in any other state, government, country, or jurisdiction of an offense for which, if committed within this state, such person could have been punished under the laws of this state by imprisonment in a state prison, is punishable for any subsequent crime committed within this state in the manner prescribed by law and to the same extent as if such prior conviction had taken place in a court of this state.” (Italics added.)

*780 The emphasized language makes clear that for…

The court, sitting without a jury, found defendant [1] guilty of manufacturing methamphetamine (count I), conspiracy to manufacture methamphetamine (count II), possession of methamphetamine for purposes of sale (count III) and conspiracy to possess methamphetamine for sale (count IV); and found true special allegations, as to counts I and II, that the substance containing methamphetamine exceeded 25 gallons of liquid by volume within the meaning of Health and Safety Code [2] section 11379.8, subdivision (a); and, as to counts III and IV, that the substance containing methamphetamine exceeded 3 pounds of solid weight within the meaning of section 11370.4, subdivision (b). He appeals from the judgment and claims error in the imposition of a 10-year enhancement pursuant to section 11379.8, and a concurrent 3-year sentence for a prior foreign conviction for conspiracy to possess and distribute narcotics.

On February 27, 1990, Officer Davis, a detective with the narcotics division of the police department and a qualified expert in the manufacture of methamphetamine and sale of controlled substances, accompanied by officers of the department's clandestine lab…