Moore

Defendant Claudell Moore pled guilty to bringing a controlled substance into prison (Pen. Code, § 4573; further undesignated statutory references are to the Penal Code; case No. 98CR0596, count one), transporting a controlled substance for sale to a noncontiguous county (Health & Saf. Code, § 11352, subd. (b); case No. 98CR0596, count two), felony failure to appear (§ 1320.5; case No. 98CR0596, count three), and custodial possession of a weapon (§ 4502, subd. (a); case No. 01CR0251, count one). He admitted a strike allegation (§§ 667, subds. (b)-(i), 1170.12) and two prior narcotics conviction allegations (Health & Saf. Code, § 11370.2, subd. (a)). He was sentenced to state prison for 12 years, consisting of double the midterm of six years on count two of case No. 98CR0596; all other terms were stayed or made concurrent. 1 The trial court imposed a $2,400 restitution fine (§ 1202.4) and a $2,400 restitution fine suspended unless parole is revoked (§ 1202.45). Defendant obtained a certificate of probable cause.

*97 On appeal, defendant contends the denial of his Murgia 2 discovery motion, which sought information with respect to whether defendant was prosecuted only…