People v. Allen CA2/2

BACKGROUND

Defendant was charged in count 1 with the sale or offer to sell cocaine base, in violation of Health and Safety Code section 11352, subdivision (a), and in count 2, with possession for sale of cocaine base, in violation of Health and Safety Code section 11351.5. As to both counts, the information alleged that defendant had suffered a prior serious or violent felony conviction within the meaning of the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), and had served a prior prison term within the meaning of Penal Code section 667.5, subdivision (b). In addition, the information alleged as to both counts pursuant to Health and Safety Code section 11370.2, subdivision (a), that defendant had suffered a prior drug conviction, a violation of Health and Safety Code section 11352. A jury found defendant guilty of both counts as charged, and in a bifurcated trial, the jury found true the prior conviction allegations. On June 18, 2013, defendant was sentenced to a total prison term of nine years. For the base term (count 2) the court imposed the low term of three years, doubled as a second strike, and enhanced by three years pursuant to Health…