People v. Bain CA2/2

BACKGROUND

Procedural history In an amended information defendant was charged in count 1 with the sale, transportation, or offering to sell a controlled substance 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 two prior serious or violent felony convictions within the meaning of the “Three Strikes” law (Pen. Code, §§ 667, subd. (d), 1170.12, subd. (b))2 and section 1170, subdivision (h)(3). It was further alleged as to both counts that defendant had served four prior prison terms within the meaning of section 667.5, subdivision (b) and had suffered five prior felony convictions within the meaning of section 1203, subdivision (e)(4). A jury acquitted defendant of count 1, but found him guilty in count 2 as charged. Defendant waived trial on the prior convictions and admitted the allegations. The trial court struck the punishment as to one of the prior strike convictions and imposed a second-strike sentence.3 On March 25, 2014, the trial court sentenced defendant to a total…