People v. Steele CA1/2

STATEMENT OF THE CASE

Appellant was charged by an amended information filed on December 2, 2010, with one count of selling heroin (Health & Saf. Code, § 11352, subd. (a)1), and one count of possession of heroin for sale (§ 11351). The information alleged two prior convictions

1 Further statutory references will be to the Health and Safety Code unless otherwise specified.

1 for selling a controlled substance (May 2004 and November 2009) and three prior convictions for possession for sale of a controlled substance (November 2009, September 1985 and December 1992) as rendering appellant ineligible for probation (§ 11370, subds. (a) and (c), Pen. Code, §§ 1203, subd. (e)(4)), 1203.07, subd. (a)(3)), and subjecting him to sentence enhancement (§ 11370.2; Pen. Code, § 1203.07, subd. (a)(3). A 1980 robbery conviction was alleged as a prior serious felony conviction (Pen. Code, §§ 667, subds. (d) & (e), 1170.12, subds. (b) & (c)), as well as one of the priors making appellant ineligible for probation under Penal Code section 1203, subdivision (e)(4). Finally, it was alleged that appellant served separate prison terms for each of the five alleged controlled substance priors. (Pen. Code,…