P. v. May
On February 24, 2005, an information was filed in the Superior Court of Stanislaus County charging appellant Jimmy Edward May with count I, receiving a stolen vehicle (Pen. Code,[1] 496d) with a prior conviction for auto theft (Veh. Code, 10851) within the meaning of section 666.5; count II, possession of methamphetamine (Health & Saf. Code, 11377); and count III, misdemeanor possession of a hypodermic needle (Bus. & Prof. Code, 4140).[2] As to counts I and II, it was further alleged appellant suffered one prior strike conviction ( 667, subds. (b)-(i)) and served five prior prison terms ( 667.5, subd. (b)). Appellant pleaded not guilty and denied the special allegations. On May 2, 2005, appellant's jury trial began. On May 3, 2005, appellant was found guilty as charged. On May 4, 2005, appellant waived a jury trial on the special allegations, and the court found all special allegations true. On May 31, 2005, appellant filed a motion to dismiss the prior strike conviction. On June 7, 2005, the prosecutor filed a statement in aggravation. On June 10 and 30, 2005, the court conducted the sentencing hearing, denied appellant's motion to dismiss, denied probation, and sentenced appellant to an aggregate term of 12 years four months: as to count I, the court imposed the upper term of three years, and doubled that term to six years as the appropriate second strike sentence; as to count II, the court selected the midterm of two years, doubled it to four years as the second strike term, and imposed a consecutive term of one year four months (one third the doubled midterm); five consecutive one-year terms for the prior prison term enhancements; and a concurrent term of six months for the misdemeanor conviction in count III. On July 21, 2005, appellant filed a timely notice of appeal. The judgment is affirmed.
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