P. v. Francis
Appellant, George Edward Francis, was charged in an information filed July 27, 2006, with possession of heroin (Health & Saf. Code, 11350, subd. (a), count one), driving a vehicle under the influence of a drug (Veh. Code, 23152, subd. (a), count two), driving a vehicle with a blood alcohol level of .08 percent or more (Veh. Code, 23152, subd. (b), count three), possession of narcotic paraphernalia (Health & Saf. Code, 11364, count four), and possession of a hypodermic needle and syringe (Bus. & Prof. Code, 4140, count five). Counts two and three alleged an enhancement that Francis was driving over the speed limit on a freeway (Veh. Code, 23582). The information alleged three prior serious felony convictions within the meaning of the three strikes law (Pen. Code, 667, subd. (d))[1]and five prior prison term enhancements ( 667.5, subd. (b)). The case is remanded for the clerk to prepare an amended abstract of judgment indicating that Francis was sentenced pursuant to the two strikes provision of the three strikes law. The amended abstract shall be sent to the appropriate authorities. The judgment is affirmed.
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