People v. Parker CA4/2
Opinion
Opinion
BACKGROUND
In case No. RIF1207102 (102), defendant was charged with transportation of
methamphetamine (Health & Saf. Code, § 11379, subd. (a), count 1)1, unlawful
possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a), count 2), and
resisting a peace officer (Pen. Code, § 148, subd. (a)(1), count 3). It was also alleged in
connection with count 1 that he had a prior drug conviction (Health & Saf. Code,
§ 11370.2, subd. (c)), and in connection with all counts that he had three prior
convictions for which he had served a prison term (Pen. Code, § 667.5, subd. (b)), and
one prior serious and violent felony conviction (Pen. Code, §§ 667, subds. (c) & (e)(1),
1170.12, subd. (c)(1)).
In case No. RIF1204717 (717), defendant was charged with unlawful possession
of methamphetamine (Health & Saf. Code, § 11372, subd. (a), count 1) and one count of
1All further statutory references are to the Health and Safety Code unless otherwise specified.
2 resisting a peace officer (Pen. Code, § 148, subd. (a)(1), count 2). The same prior prison
and strike convictions were alleged.
In each case, defendant moved for dismissal of his prior strike conviction under