People v. Thomas CA2/5

I. INTRODUCTION

Defendant, George Ray Thomas, appeals following resentencing. We modify the judgment to: include additional actual custody credit; double defendant’s stayed five- year sentence on count 2 pursuant to Penal Code1 sections 667, subdivisions (b) through (i) and 1170.12; and impose a stayed $50 criminal laboratory analysis fee (Health & Saf. Code, § 11372.5, subd. (a)) plus penalty assessments and a surcharge on count 2. We affirm the judgment in all other respects.

II. PRODEDURAL HISTORY

A jury convicted defendant of cocaine base possession for sale and controlled substance transportation. (Health & Saf. Code, §§ 11351.5, 11352, subd. (a)). Defendant admitted he had: sustained two prior drug convictions (Health & Saf. Code, § 11370.2, subd. (a)); served two prior prison terms (§ 667.5, subd. (b)); and sustained two prior serious or violent felony convictions. (§§ 667, subds. (b)-(i), 1170.12.) Defendant was sentenced to 31 years to life in state prison. We modified defendant’s sentence and affirmed his conviction on direct appeal. (People v. Thomas (Mar. 14, 2013, B234814) [nonpub. opn].) We also issued an order to show cause in response to defendant’s habeas…