P. v. Fambro
Defendant Donyea Fambro, who represented himself in the trial court, was convicted in a non-jury trial of one count of sale of a controlled substance (Health & Saf. Code, 11352, subd. (a)).[1] The trial court found true the allegations that defendant had suffered a prior strike conviction (Pen. Code, 667, subds. (b) through (i), 1170.12, subds. (a) through (d)), two prior drug convictions (Health & Saf. Code, 11370.2. subd. (a)), and four prior prison terms (Pen. Code, 667.5, subd. (b)). The trial court sentenced defendant to the middle term of four years, doubled to eight years as a result of the prior strike. The court stayed the terms on the prior drug convictions and prison terms. Defendant appeals, contending: (1) the evidence is insufficient to prove that he aided an abetted the sale of cocaine base; (2) the trial court erred in not striking his prior strike conviction; and (3) the terms on the prior drug convictions and prison terms must be stricken, not stayed. We modify the judgment to strike the terms for the prior prison terms and prior narcotics convictions. Otherwise, Court affirm the judgment.
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