Keith

People v. Keith

Good Law
185 Cal. Rptr. 3d 768·2015 Cal. App. LEXIS 292·235 Cal. App. 4th 983
Court of Appeal of CaliforniaApril 6, 2015B255005California757 words

Opinion

Opinion

Turner, J.

I. INTRODUCTION

A jury convicted codefendants, Mark Dwayne Keith and Eric Edell Stokes, of cocaine base possession for sale and cocaine base transportation or sale, respectively. (Health & Saf. Code, §§ 11351.5, 11352, subd. (a).) They committed these crimes on March 24, 2013. Mr. Keith was sentenced to eight years in the county jail — the high term of five years for possession of cocaine base for sale, plus three years under Health and Safety Code section 11370.2, subdivision (a). Mr. Stokes had previously sustained a prior serious or violent felony conviction. (Pen. Code, §§ 667, subds. (b)-(i), 1170.12.) Mr. Stokes was sentenced to 12 years in state prison. As to Mr. Keith, we affirm the judgment of conviction but reverse the sentence. Upon remittitur issuance, Mr. Keith is to be resentenced. As to Mr. Stokes, we affirm the judgment but direct the abstract of judgment be amended.

II. DISCUSSION

A.-B.

C. Mr. Keith’s Health and Safety Code Section 11351.5 Sentence

Prior to January 1, 2015, a violation of Health and Safety Code section 11351.5 was punishable by three, four or five years in custody. (Health & Saf. Code, former § 11351.5; Stats. 2011, ch. 15, § 153.)…

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