P. v. Bartholmew
Defendant John Bartholomew was convicted, after a jury trial, of manufacturing methamphetamine (Health & Saf. Code, 11379.6, subd. (a), 11055) and possession of ephedrine with intent to use it to manufacture methamphetamine (former Health & Saf. Code, 11383, subd. (c)(1), Stats. 2003, ch. 619, 1). In a bifurcated trial the court found true enhancement allegations that he had a prior serious felony conviction (Pen. Code, 667) and had offended again within five years of serving a separate prison term on four occasions (Pen. Code, 667.5, subd. (b)). Sentenced to 18 years in state prison, defendant appeals. He contends the trial court erred in: (1) denying his motion to suppress evidence obtained in a search of his residence; (2) declining to grant immunity to a prospective defense witness; and (3) imposing an upper term based on facts that his prior convictions were numerous and continuous not submitted to a jury. Court affirm the judgment.
Comments on P. v. Bartholmew