P. v. Williams
A jury found defendant guilty of possession of heroin and ecstasy (MDMA) in prison (Pen. Code, § 4573.6). In a bifurcated proceeding, the trial court found true defendant’s prior strike conviction for robbery. (Pen. Code, §§ 667, subds. (b)-(i), 1170.12.) The trial court sentenced defendant to six years in prison, the midterm of three years doubled. Pursuant to Penal Code section 1170.1, subdivision (c), it also resentenced defendant on a prior conviction for the same offense to a consecutive term of two years (one-third the midterm doubled).
On appeal, defendant contends the trial court erred when it admitted evidence of his prior conviction for possessing heroin in prison, because he offered to stipulate that he knew what heroin was, thus establishing the knowledge element of the crime. Although we agree that admission of the prior conviction was error, we find the error harmless. Accordingly, we shall affirm.
Comments on P. v. Williams