P.

P. v. Redmond CA2/1

Good Law
Court of Appeal of CaliforniaMarch 25, 2013B241591California834 words

Opinion

Opinion

BACKGROUND

Defendant was convicted by a jury of possessing cocaine base for sale and selling cocaine base and sentenced to five years in prison, including one year for a prior prison term enhancement under Penal Code section 667.5, subdivision (b). (Undesignated statutory references are to the Penal Code.) On his appeal in case No. B226809, defendant challenged, inter alia, the adequacy of his admission of the prior prison term enhancement allegation. We concluded that defendant’s admission was insufficient, reversed the trial court’s true finding on the enhancement allegation, and remanded for further proceedings. We expressly stated that the prosecutor would be permitted to retry the enhancement allegation. Upon remand, a court trial was conducted regarding the prior prison term enhancement allegation. The prosecutor introduced certified records from the Department of Corrections and Rehabilitation pursuant to section 969b to prove the enhancement allegation. The court found the allegation true and resentenced defendant to five years in prison, including one year for the prior prison term enhancement, for count 1 (possession of cocaine base for sale) and a concurrent term of…

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