Llamas

Following his partially successful appeal, 1 second striker (Pen. Code, 2 § 667, subds. (b)-(i)) Frankie Llamas was sentenced on remand to seven years in prison: double the three-year middle term for possessing a controlled substance while armed with a firearm (Health & Saf. Code, § 11370.1, subd. (a)), one year for a prior prison term (§ 667.5, subd. (a)), and stayed sentences for being a felon in possession of a firearm (§ 12021, subd. (a)) and possessing a controlled substance (Health & Saf. Code, § 11377, subd. (a)). In this appeal and petition for writ of habeas corpus, Llamas contends the court erred in resentencing him without obtaining a supplemental probation report. In his petition, he also contends counsel was ineffective for failing to request such a report. We. disagree.

Background

The underlying offenses occurred in February 1995 and the trial and original sentencing took place in July and August, respectively. The probation officer prepared a report for the August sentencing. Defense counsel did not request a supplemental probation report for the May 15, 1997, resentencing, believing Llamas was entitled to nothing more than- a custody update. Attached to…