People v. Yost CA4/2

BACKGROUND

On May 2, 1997, a jury found defendant guilty of manufacturing

methamphetamine (Health & Saf. Code, § 11379.6, subd. (a); count 1) and possession of

pseudoephedrine (Health & Saf. Code, former § 11383, subd. (c); count 2). The jury also

found true that the amount of methamphetamine exceeded 10 gallons/three pounds

(Health & Saf. Code, § 11379.8, subd. (a)(2)) and 25 gallons/10 pounds (Health & Saf.

Code, § 11379.8, subd. (a)(3) [the weight enhancement]). In a bifurcated proceeding, the

trial court found true that defendant had suffered two prior serious and/or violent strike

convictions (former §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and two prior prison

terms (§ 667.5, subd. (b)).

On June 27, 1997, the trial court sentenced defendant to an indeterminate term of

25 years to life plus a determinate term of 10 years for the weight enhancement on

count 1 to state prison with credit for time served; count 2 was stayed pursuant to

section 654.

All future statutory references are to the Penal Code unless otherwise stated.

2 Defendant subsequently appealed. In an unpublished opinion, this court ordered

the lesser weight enhancement stricken and…