P. v. Correa
A jury found defendant guilty of conspiring to commit a crime (Pen. Code, 182, subd. (a)(1)) (count 1), bringing a controlled substance into a prison (Pen. Code, 4573) (count 2), and possessing a controlled substance for sale (Health & Saf. Code, 11351) (count 3). As to count 3, the court found true the allegation that defendant suffered a prior felony conviction for transporting, selling, or giving away a controlled substance (Health & Saf. Code, 11352). (Health & Saf. Code, 11370.2, subd. (a).) The court also found true the allegations that defendant suffered four prior convictions for which he served prison terms (Pen. Code, 667.5, subd. (b)) and two prior strike convictions (Pen. Code, 667, subds. (c) & (e)(2)(A), 1170.12, subd. (c)(2)(A)). The court sentenced defendant to a determinate prison term of one year plus an indeterminate prison term of 25 years to life.[1] Defendant contends (1) the court erred by sentencing him to a one-year enhancement pursuant to Penal Code section 667.5, subdivision (b); and (2) the court abused its discretion by denying his motion to strike his prior strike convictions. The People agree with defendants first contention, but disagree with defendants second contention. Court affirm the judgment.
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