People v. Guess CA3

Filed 4/28/15 P. v. Guess CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C075465

Plaintiff and Respondent, (Super. Ct. No. 11F02353)

v.

MICHAEL GUESS,

Defendant and Appellant.

A jury convicted defendant Michael Guess of the unlawful possession of marijuana in state prison. (Pen. Code, § 4573.6.)1 In bifurcated proceedings, the jury found a strike prior—a 2005 lewd/lascivious act on child under 14 (§§ 667, subds. (b)-(i), 1170.12)—and a prior prison term (§ 667.5, subd. (b)) to be true.

1 Undesignated statutory references are to the Penal Code.

1 The trial court imposed the midterm of three years, doubled for the strike prior, to be served consecutively to defendant’s current state prison…