P. v. Rolison
The District Attorney of Los Angeles County filed an information charging defendant and appellant Tarayne Rolison (defendant) with one count of violating Health and Safety Code section 11351.5, possession for sale of cocaine base. The information alleged that defendant committed the offense for the benefit of and in association with a criminal street gang within the meaning of Penal Code section 186.22, subdivision (b)(1)(A).[1]It further alleged that defendant had suffered a prior strike conviction within the meaning of sections 1170.12, subdivisions (a) through (d), and 667, subdivisions (b) through (i). It also alleged that defendant had been convicted of two prior felonies within the meaning of section 1203, subdivision (e)(4).
On the Peoples motion and pursuant to a plea agreement, the trial court amended the information by interlineation to add Count 2 charging defendant with a violation of Health and Safety Code section 11351, possession for sale of a controlled substance (powder cocaine).[2] The special allegations of Count 1 under sections 186.22, subdivision (b)(1)(A), and sections 1170.12, subdivisions (a) through (d), and 667, subdivisions (b) through (i) were made applicable to Count 2. Defendant pleaded guilty to Count 2 and admitted the special allegations. Count 1 was dismissed as part of the plea agreement.
The trial court sentenced defendant to a total of six years in state prison, comprised of the low term of two years, doubled to four years based on the prior strike conviction, plus two additional years pursuant to the gang enhancement under section 186.22, subdivision (b)(1)(A). He was awarded 440 days of total custody credit, comprised of 294 days of actual custody credit and 146 days of conduct credit.
Defendant filed a notice of appeal and a request for a certificate of probable cause. The trial court denied defendants request for a certificate of probable cause.
The judgment is affirmed.
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