P. v. Sanders
Following a jury trial defendant BJ Sanders III was convicted of possession of marijuana (Health & Saf. Code, § 11359, count 1) and possession of a firearm by a felon (Pen. Code,[2] former § 12021, subd. (a)(1), count 2). In a bifurcated proceeding the trial court found true the allegations that defendant suffered three prison priors. Defendant was sentenced to 199 days in county jail on count 1, for which he received credit for time served. On count 2 he was sentenced to three years in state prison, plus three consecutive years for the prior prison terms, for a total sentence of six years. Defendant appeals, contending the trial court erred in denying his motion to suppress and the trial judge erred in failing to disqualify himself upon learning that he was the prosecutor on one of defendant’s prior cases.
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