Landry

Following a jury trial, appellant was found guilty of possession of heroin for sale (Health & Saf. Code, § 11351) and escape (Pen. Code, § 4532, subd. (b)). Four prior felony convictions were found true, all of which were found to be three strikes priors pursuant to section 667, subdivision (d)(1). Appellant was sentenced to 50 years to life. Appellant contends: (1) that this court erred in failing to grant his request to augment the record with the transcript of the entire jury voir dire under California Rules of Court, rule 12 (state rule 12); (2) that the trial court erred in failing to instruct the jury sua sponte on the lesser included offense of simple possession of heroin; and (3) that he was improperly sentenced under the three strikes law. We agree with the People that the matter must be remanded for resentencing. In all other respects, we affirm.

I. Denial of Motion to Augment the Appellate Record

Appellant claims that this court denied him effective appellate review of the trial court’s ruling on his motion under People v. Wheeler (1978) 22 Cal.3d 258 [ 148 Cal.Rptr. 890 , 583 P.2d 748 ] (Wheeler) when it failed to provide him a free verbatim transcript of…