People v. Duncantell CA4/2

STATEMENT OF THE CASE

On June 24, 2011, defendant was sentenced to an indeterminate term of 25 years

to life following his convictions of possession of marijuana for sale (Health & Saf. Code,

§ 11359; count 2) and possession of drugs/contraband while incarcerated. (§ 4573.6;

count 1.) Sentencing was stayed on five “prior prison term” enhancements. (§ 667.5.)

The probation officer’s report reflects that defendant was stopped by a corrections officer

as he was “ ‘out of bounds’ ” in a dormitory other than that to which he was assigned at

the California Rehabilitation Center. Five small bindles containing marijuana were found

in defendant’s sock. He tested positive for tetrahydrocannabinol (THC) at the time.

At the time of the offense defendant was serving a 10-year sentence for attempted

robbery (§§ 664/211) of which he had been convicted in 2006.2 The facts of that case

1 All subsequent statutory references are to the Penal Code unless otherwise specified.

The court imposed the middle term of two years for attempted robbery, doubled due to a prior “strike,” and added a five-year enhancement under section 667, subdivision (a). Another year was added for one of the…