P. v. Fulcher
A jury convicted Nolan James Fulcher of possession of cocaine base and possession of cocaine (Health and Saf. Code, 11350, subd. (a); counts 1 and 2) and transportation of cocaine ( 11352, subd. (a); counts 3 and 4). In bifurcated proceedings, he admitted special allegations of three prior convictions, three prior prison terms, and a strike prior. ( 11370.2, subd. (a); Pen. Code, 667.5, subd. (b) and 667, subds. (b)-(i).) The trial court sentenced him to 10 years in prison as follows: the 4-year middle term for count four; 3 years for the section 11370.2, subd. (a) enhancement; and 3 years for the prior prison term enhancement. The remaining terms were stayed under Penal Code section 654. Fulcher contends the trial court erred in: (1) permitting the People to file a second amended information adding the transportation charges, and denying his motion to continue the trial and (2) denying his motion for acquittal on the transportation charges. Court affirm.
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