People v. Smith

By amended information, defendant was charged with two counts of sale of cocaine base (Health & Saf. Code, § 11352, subd. (a)), each of which counts was accompanied by a Penal Code section 667.5, subdivision (b) sentence enhancement allegation (that defendant had served a separate and prior prison term for the commission of a felony)—each of which sentence enhancement allegations referred to the same “prior prison term served.” After appropriate advisements and waivers had been, respectively, given and received, the trial court bifurcated the determination of the truth of the sentence enhancement allegations from the trial of the underlying offenses and retained that enhancement matter for its own determination without a jury. Following a jury trial on the underlying offenses, defendant was found guilty of both counts of sale of cocaine base. The trial court thereafter found true the section 667.5, subdivision (b) enhancement allegations.

At the sentencing hearing, the trial court imposed the following state prison sentence: (1) On each count of sale of cocaine base, the aggravated term of five years—the two terms to be served concurrently; (2) on each section 667.5,…