Martinez

I. Introduction

Ventura Martinez (defendant) appeals from a judgment of conviction, after a jury trial, of possession of a controlled substance, methamphetamine, *1515 in violation of Health and Safety Code section 11377, subdivision (a). Defendant admitted he was previously convicted of a serious felony within the meaning of Penal Code 1 sections 667, subdivisions (b) through (i), and 1170.12. Defendant further admitted he previously served two prior separate prison terms within the meaning of section 667.5, subdivision (b). He was sentenced to the low term of 16 months for methamphetamine possession, doubled pursuant to sections 667, subdivisions (b) through (i), and 1170.12, for a total of 32 months in state prison. The trial court imposed a $500 restitution fine (§ 1202.4, subd. (b)), with $200 stayed unless defendant violated his parole. The trial court also imposed a $100 criminal laboratory analysis fine. (Health & Saf. Code, § 11372.5.) Defendant was given credit for 127 days of actual presentence custody plus 63 days of conduct credit for a total of 190 days of presentence custody credit.

We appointed counsel to represent defendant on appeal. After examination…