People v. Kearney CA3

BACKGROUND

On November 2, 2013, defendant Andrew Scott Kearney was in West Sacramento knowingly in possession of a usable amount of methamphetamine and knew its value as a narcotic substance. In addition, defendant had been previously convicted of residential burglary and served a prior prison term. A complaint charged defendant with possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)), possession of controlled substance paraphernalia (Health & Saf. Code, § 11364.1), and false representation of identity to a police officer (Pen. Code, § 148.9, subd. (a)).1 The complaint also alleged defendant had three prior strike convictions (§ 667, subd. (d)) and had served five prior prison terms (§ 667.5, subd. (b)). Defendant pleaded no contest to possession of a controlled substance and admitted he had one or more prior strike convictions and had served a prior prison term. The trial court dismissed the remaining counts and allegations. The trial court sentenced defendant in accordance with the plea to an aggregate term of five years in state prison and ordered defendant to pay a restitution fund fine of $300 (§ 1202.4), a $50 criminal laboratory analysis fee…