P. v. Peavy
A jury convicted Gary Leon Peavy of possessing heroin for sale (Health & Saf. Code, 11351), possessing heroin (Health & Saf. Code, 11350, subd. (a)), possessing marijuana (Health & Saf. Code, 11357, subd. (b)), possessing cocaine (Health & Saf. Code, 11350, subd. (a)), possession of a firearm by a felon (Pen. Code, 12021, subd. (a)(1)), and possessing cocaine base for sale (Health & Saf. Code, 11351.5). Peavy admitted his prior felony convictions, and the court sentenced him to prison for five years and eight months. Peavy appeals, contending the evidence of dominion and control was insufficient to support his conviction for possession of a firearm by a felon and possessing heroin and cocaine base for sale, his due process rights were violated when the court instructed the jury with Judicial Council of California Criminal Jury Instructions (2007-2008) CALCRIM No. 220, and his constitutional rights were violated by the imposition of consecutive sentences without a factual finding by the jury. Court affirm the judgment.
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