People v. Donaldson CA5

INTRODUCTION

Defendant Brian Lee Donaldson pled guilty to various charges and enhancements in Kern Superior Court case Nos. BF166043A and BF166044A. 1 In August 2015, the court sentenced defendant in case No. BF166043A to two years for felony possession of methamphetamine for sale, enhanced by an additional three years for a Health and Safety Code former section 11370.2, subdivision (c) enhancement. (Undesignated statutory references are to the Health and Safety Code.) It imposed a concurrent term of 16 months for a violation of Penal Code section 496, subdivision (a) for receiving stolen property. That same day, the court sentenced defendant in case No. BF166044A to eight months for felony possession of methamphetamine for sale, to run consecutively with defendant’s sentence in case No. BF166043A. The court imposed a “split sentence” pursuant to Penal Code section 1170, subdivision (h)(5), ordering defendant to serve two years of the five-year eight-month aggregate term in the county jail, then one year in a substance abuse treatment program immediately upon release from the county jail, and the remaining two years eight months on mandatory supervision pursuant to Penal Code…