P. v. Davids
A jury convicted defendant Allan Francis Davids of assault, a misdemeanor (Pen. Code, 240; undesignated section references are to this code), as a lesser included offense of assault by means of force likely to produce great bodily injury ( 245, subd. (a)(1)) as charged in count one, and of cultivation of marijuana (Health & Saf. Code, 11358; count two). In bifurcated proceedings, defendant admitted a prior felony conviction and two prior prison term allegations ( 667.5, subd. (b)). The court found that the prior felony conviction constituted a strike prior ( 667, subds. (b) (i), 1170.12). The court sentenced defendant to state prison for an aggregate term of four years eight months, that is, 32 months (the low term of 16 months, doubled for the strike prior) for cultivation plus 2 one-year enhancements for the prior prison terms. The court sentenced defendant to 180 days for misdemeanor assault, to run concurrently to the state prison sentence. Defendant appeals, contending the trial court erroneously denied his motion to suppress ( 1538.5). Court agree and reverse defendants conviction for cultivation of marijuana. Court remand for further proceedings.
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