Porter

People v. Porter

Good Law
1998 Cal. App. LEXIS 595·65 Cal. App. 4th 250·75 Cal. Rptr. 2d 914·98 Daily Journal DAR 7239·98 Cal. Daily Op. Serv. 5177
Court of Appeal of CaliforniaJune 29, 1998No. E020448California1,464 words

Opinion

Lead Opinion

McKinster, J.

A defendant convicted of two drug offenses appeals from the judgment against him. We affirm.

Factual and Procedural Background

In the first count of the information, the defendant was charged with manufacturing phencyclidine (PCP) in violation of Health and Safety Code section 11379.6, subdivision (a). 1 In the second count, he was charged with possessing piperidine and cyclohexanone, or a product of them, with the intention of manufacturing PCP, in violation of section 11383, subdivision (b). In addition, the information alleged a variety of enhancements: two prior serious or violent felonies (Pen. Code, § 667); two federal convictions, which were alleged to justify enhancements under section 11370.2; and four failures to remain free of custody for five years after serving a prison term (Pen. Code, § 667.5, subd. (b)).

The defendant was found guilty as charged, and all the enhancement allegations were found to be true. After an unsuccessful motion for a new *252 trial, the defendant was sentenced to prison for 59 years to life. The term consisted of consecutive 25-year-to-life terms for both counts, plus nine years for the various enhancements.

Contentions

The…

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