P. v. Green
A jury found appellant and defendant Craig Green guilty of deterring or preventing an officer from performing his duties (Pen. Code,[1] 69, count 1) and transportation of marijuana (Health & Saf. Code, 11360, subd. (a), count 2). The trial court found true the allegations defendant had one prior strike conviction ( 1170.12, subds. (a)-(d) and 667, subds. (b)-(i)) and that he had served two prior prison terms ( 667.5, subd. (b)). The court sentenced defendant to a total term of four years eight months in state prison.
On appeal, defendant contends that the court 1) improperly instructed the jury regarding the offense of preventing an officer from performing his duties ( 69), and 2) erroneously imposed two prison prior enhancements, even though defendant only served one prior prison term. The People concede, and we agree, that defendants sentence should be adjusted to reflect that he served only one prior prison term. Otherwise, Court affirm.
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