P. v. Clemons
A jury found defendant guilty of being a felon in possession of a firearm (Pen. Code, 12021, subd. (a)(1))[1](count 1) and possession of 28.5 grams or less of marijuana (Health & Saf. Code, 11357, subd. (b)), the lesser included offense of possession of marijuana for sale (Health & Saf. Code, 11359) as charged in count 2. The trial court found true that defendant had served a prior prison term. (Pen. Code, 667.5, subd. (b).) Defendant was sentenced to a total term of three years in state prison.
On appeal, defendant contends (1) the trial court erred in denying his suppression motion; (2) there was insufficient evidence to sustain his conviction for count 1; and (3) the matter must be remanded for resentencing, as the record is unclear whether the court intended to impose the one year prior prison term enhancement. We find that the abstract of judgment should be amended to reflect the courts oral pronouncement of judgment. Court reject defendants remaining contentions, however, and affirm the judgment.
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