People v. Thao CA3

DISCUSSION

I Defendant contends the three-year enhancement the trial court imposed in case No. CM039168 for his prior drug conviction (Health & Saf. Code, § 11370.2, subd. (c)) was unauthorized, because his current offense (§ 4573, subd. (a)) is not one of those enumerated in the enhancement provision. The Attorney General agrees. We agree with the parties. Health and Safety Code section 11370.2, subdivision (c) provides: “Any person convicted of a violation of, or of a conspiracy to violate, Section 11378 or 11379 with respect to any substance containing a controlled substance specified in paragraph (1) or (2) of subdivision (d) of Section 11055 shall receive, in addition to any other punishment authorized by law, . . . a full, separate, and consecutive three-year term for each prior felony conviction of . . . Section 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11380.5, or 11383, whether or not the prior conviction resulted in a term of imprisonment.” Defendant was not convicted of violating Health and Safety Code section 11378 or 11379 in the current case. Therefore, the prior conviction enhancement could not lawfully be imposed in that case. A…