Wright

People v. Wright

Caution
242 Cal. Rptr. 3d 837·31 Cal. App. 5th 749
Court of Appeal of CaliforniaJanuary 25, 2019D073038California2,529 words

Opinion

Lead Opinion

Nares, J.

*839 *752 In exchange for a stipulated 11-year sentence and the dismissal of other counts, Justin Michael Wright pleaded guilty to transporting a controlled substance ( Health & Saf. Code, 1 § 11352, subd. (a) ). He also admitted having a strike prior and one prior conviction for a violation of section 11351.5, thereby triggering the imposition of a three-year enhancement under section 11370.2, subdivision (a). In a written plea agreement, Wright waived his right to appeal, including among other things, "any sentence stipulated herein." The court sentenced Wright to the stipulated 11-year prison term, which consisted of the four-year midterm doubled for the strike prior, plus a three-year enhancement under 11370.2, subdivision (a). At the time of Wright's sentencing, section 11370.2, subdivision (a) required "in addition to any other punishment authorized by law" a "full, separate and consecutive" three-year term if a defendant was convicted of violating section 11352 and had suffered a previous conviction for various drug offenses, including section 11351.5. (Stats. 1998, ch. 936, § 1, p. 6846.)

In October 2017 the Governor signed Senate Bill No. 180, which amended section…

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