People v. Davidson CA4/1

INTRODUCTION

A jury convicted Benjamin Nicholas Davidson of transportation of a controlled

substance (Health & Saf. Code, § 11352, subd. (a)), vandalism under $400 (Pen. Code,

§ 594, subd. (a)(b)(2)(A)), and trespass of an occupied dwelling house while a resident

was present (Pen. Code, § 602.5, subd. (b)). In addition, Davidson admitted having a

prior conviction for possessing a controlled substance for sale (Health & Saf. Code,

§§ 11370.2, subd. (a), 11378), a prior prison commitment conviction (Pen. Code, § 667.5,

subd. (b)), and a prior strike conviction (Pen. Code, §§ 667, subds. (b)-(i), 1170.12). At

the sentencing hearing, the court struck the punishment for the prior possession for sale

and prison commitment convictions and sentenced Davidson to six years in prison. The

sentence consisted of the low term of three years for the transportation conviction,

doubled for the prior strike conviction, plus concurrent terms of 180 days each for the

vandalism and trespass convictions.

Davidson appeals, contending we must reverse the judgment as to the

transportation conviction because a post-conviction amendment to Health and Safety

Code section 11352 limits the…