Reed

A jury convicted defendant John Henry Reed of the sale of cocaine base (Health & Saf. Code, § 11352, subd. (a); undesignated section references are to the Health and Safety Code). In bifurcated proceedings, defendant admitted a strike prior for robbery (Pen. Code, §§211, 667, subds. (b)-(i), 1170.12), a prior drug conviction (§ 11370.2, subd. (a)) and two prior prison term allegations (Pen. Code, § 667.5, subd. (b)).

Sentenced to state prison for an aggregate term of 13 years, defendant appeals, contending the three-year enhancement for his prior drug conviction is unauthorized and must be stricken because his prior conviction for attempted possession of a controlled substance for sale is not an included offense in section 11370.2, subdivision (a). The Attorney General concedes. We accept the concession and will modify the judgment accordingly.

Defendant’s contention requires no recitation of the facts underlying the offense. With respect to the prior drug conviction, the information alleged that on May 14, 1993, defendant was convicted in Sacramento County of “the crime of attempted possession of a controlled substance for sale in violation of Section 664/11351 of the…