Thomas

People v. Thomas

Bad Law
154 Cal. Rptr. 3d 271·2013 Cal. App. LEXIS 201·214 Cal. App. 4th 636·2013 WL 990947
Court of Appeal of CaliforniaMarch 14, 2013No. B234814California1,599 words

Opinion

Lead Opinion

Turner, J.

*638 Opinion

I. INTRODUCTION

A jury convicted defendant, George Ray Thomas, of possessing cocaine base for sale (Health & Saf. Code, 1 § 11351.5) and transporting a controlled substance (§ 11352, subd. (a)). Defendant admitted that special allegations were true concerning two prior drug convictions (§ 11370.2, subd. (a)); two prior prison terms (Pen. Code, § 667.5, subd. (b)); and two prior serious or violent felony convictions (Pen. Code, §§ 667, subds. (b)-(i), 1170.12). He was sentenced to 31 years to life in state prison.

In the published portion of this opinion, we address whether the two section 11370.2, subdivision (a) three-year prior drug conviction enhancements must be imposed on both counts. In addition, we address whether the trial court has discretion pursuant to Penal Code section 1385, subdivision (a) to strike either or both of the prior drug conviction enhancements. As defendant has received two indeterminate terms, the enhancements must be imposed on both counts subject to being stricken pursuant to Penal Code section 1385, subdivision (a). We affirm the judgment with modifications.

II. THE EVIDENCE*

III. DISCUSSION

A.-F. *

*639 G. Sentencing

1. Section…

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