P. v. Dunlap
Appellant was convicted by jury of possession of cocaine base for sale (Count 1; Health & Saf. Code, 11351.5) and transportation of cocaine. (Count 2; Health & Saf. Code, 11352, subd. (a).) He admitted the allegations that he had suffered two prior convictions within the meaning of the Three Strikes law (Pen. Code 667, subds. (b)-(i); 1170 subds. (a)-(d)) and served seven prior prison terms. ( 667.5, subd. (b).)
The trial court imposed a sentence of 12 years in state prison, consisting of the upper term of 5 years on count 1, doubled pursuant to the Three Strikes law, plus two consecutive one year prior prison term enhancements. The trial court dismissed the remaining strike allegation, and stayed imposition of punishment in count 2 pursuant to section 654.
We conditionally reverse the judgment and remand the matter with the following directions: (1) the trial court hold a hearing to allow appellant the opportunity to request a reasonable continuance to retain private counsel or apply for the appointment of counsel upon an adequate showing of indigence; (2) if newly retained or appointed counsel determines there is a basis for a new trial motion, the court consider and decide that motion; (3) if counsel does not move for a new trial, or such a motion is denied, the court reinstate the original judgment and sentence which stand affirmed.
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