P. v. McAteer
Ivan McAteer appeals from the judgment entered following his plea of guilty to the sale or transportation of methamphetamine (Health & Saf. Code, 11379, subd. (a)) and his admissions that he previously had been convicted of a serious or violent felony within the meaning of the Three Strikes law (Pen. Code, 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), and previously had suffered a conviction for the transportation or sale of narcotics (Health & Saf. Code, 11370.2, subd. (a)). The trial court sentenced McAteer to seven years in prison. Because imposition of an enhancement pursuant to subdivision (a) of Health and Safety Code section 11370.2 resulted in an unauthorized sentence, Court reverse the judgment and remand the matter to the trial court to allow McAteer to withdraw his plea should he choose to do so.
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