P. v. Cabrera-Garcia
Appellant Manual Cabrera-Garcia, pursuant to a plea agreement, pled no contest to possession of methamphetamine for purposes of sale (Health & Saf. Code, 11378) and admitted he had suffered a strike and five prior convictions of drug-related offenses within the meaning of Health and Safety Code section 11370.2. The court imposed a prison term of 21 years, consisting of the three-year upper term on the substantive offense, doubled pursuant to the three strikes law (Pen. Code, 667, subd. (e)(1), 1170.12, subd. (c)(1)), and three years on each of the five prior drug crime enhancements. On appeal, appellant argues that (1) imposition of sentence on all five prior-drug-crime enhancements may have violated the section 654 proscription against double punishment, and (2) his trial counsel failed to properly raise this section 654 claim in the trial court, thereby depriving appellant of his constitutional right to the effective assistance of counsel. Court will affirm.
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