P. v. Alcantar
A jury found defendant guilty of possessing methamphetamine for sale (Health & Saf. Code, 11378) (count 1), transporting methamphetamine (Health & Saf. Code, 11379) (count 2), being under the influence of methamphetamine (Health & Saf. Code, 11550, subd. (a)) (count 3), and driving without a license (Veh. Code, 12500, subd. (a)) (count 4). As to counts 1 and 2, the jury found true that defendant possessed more than one kilogram of methamphetamine (Health & Saf. Code, 11370.4, subd. (b)(1)) after having been previously convicted of possessing narcotics for sale (Health & Saf. Code, 11370.2, subd. (c)). Defendant was sentenced to a total term of six years in state prison. On appeal, defendant contends (1) the trial court prejudicially erred in admitting evidence of his prior conviction for possessing methamphetamine for sale without sanitizing the nature of the prior conviction by removing the sale reference, and (2) the abstract of judgment should be amended to reflect the proper sentence on the weight enhancement attached to count 2. Court agree with the parties that the abstract of judgment must be modified but reject defendants remaining contention.
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