P. v. Gill
Wiley Gill (Gill) was convicted of felony possession of cocaine and misdemeanor possession of paraphernalia used for smoking a controlled substance. Gill appealed, contending: he should not have received two separate enhancements for prior prison terms that were served concurrently; and his right to a jury trial was violated when Judge Francis J. Hourigan III made findings of fact to impose the upper term on the conviction for felony possession of cocaine. In a supplemental brief, Gill argued that Judge John Vernon Meigs erred when he terminated Gills self-representation. In the Peoples brief, the People urged us to affirm the judgment but to modify it to add another year to Gills sentence. According to the People, Gills sentence was illegal because Judge Hourigan neglected to impose a one-year enhancement for Gills prior prison term in case No. A953996. Court filed our original opinion in this matter on July 19, 2006. The United States Supreme Court granted Gills petition for writ of certiorari and, on March 19, 2007, it vacated the judgment and remanded the matter to this court for further consideration in light of Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856] (Cunningham). We requested supplemental briefing. On October 3, 2007, the People filed a supplemental brief to discuss Cunningham, People v. Black (2007) 41 Cal.4th 799 (Black) and People v. Sandoval (2007) 41 Cal.4th 825 (Sandoval). Gill informed us that he would not file a responsive brief. Court affirm the judgment.
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