KINEY

On retrial, a jury convicted defendant of transporting methamphetamine (Health & Saf. Code, § 11379, subd. (a)), possession of methamphetamine for sale (Health & Saf. Code, § 11378), possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), and possession of a smoking device (Health & Saf. Code, § 11364). The court found defendant had three strike priors (Pen. Code, § 667, subds. (b)-(i); § 1170.12), and had served five prior prison terms (Pen. Code, § 667.5, subd. (a)). The court sentenced defendant to 25 years to life in prison plus five years.

Defendant appeals, challenging both his conviction and his sentence. He contends the trial court erred in admitting as evidence his closing statement from the first trial in which defendant represented himself, and erred in excluding evidence of the quality of methamphetamine defendant possessed. He contends two non-California prior prison terms (Nevada and Canada) must be stricken because they do not meet the requirements of Penal Code section 667.5, subdivision (a). He further contends that Penal Code section 668, which permits the use of foreign prior prison terms as enhancements, is unconstitutional unless it…