McKenzie

People v. McKenzie

Good Law
236 Cal. Rptr. 3d 533·25 Cal. App. 5th 1207
Court of Appeal of CaliforniaAugust 10, 2018F073942California4,884 words

Opinion

lead Opinion

Franson, J.

*1210 Defendant Douglas Edward McKenzie was convicted by guilty plea of several drug-related charges in three cases. On appeal, he contended (1) he was entitled to three more days of custody credit, and (2) the trial court erred in staying prior felony drug conviction enhancements and prior prison term enhancements. We modified the judgment on these two issues and affirmed as modified. Our opinion was granted review and remanded to this court with directions to vacate our decision and reconsider in light of the new Senate Bill No. 180 (Stats. 2017, ch. 677, § 1), which amended the sentencing enhancements included in Health and Safety Code section 11370.2. 1 We received supplemental briefing from the parties. In addition to our previous modifications, we now order stricken all of the section 11370.2, subdivision (c) enhancements, vacate the sentence, and remand for resentencing.

BACKGROUND

On November 4, 2014, defendant pled guilty to charges in three cases and admitted the special allegations, as follows.

*535 In case No. MCR047554 (case 1), defendant pled guilty to transportation or sale of methamphetamine (§ 11379, subd. (a) ) and misdemeanor possession of narcotics…

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