P. v. Marshall
Defendant Antonio Marshall was charged with possessing cocaine base and marijuana, both for the purpose of sale. The jury, however, convicted him of the lesser offenses of simple possession of cocaine base (Health. & Saf. Code, 11350, subd. (a)) and possession of not more than 28.5 grams of marijuana (Health. & Saf. Code, 11357, subd. (b)), a misdemeanor. Defendant waived the right to a jury trial on the recidivist allegations and admitted suffering a prior conviction under the three strikes law for residential burglary (Pen. Code, 1170.12, subds. (a)-(d), 667, subds. (b)-(i)) and two prior prison terms (Pen. Code, 667.5, subd. (b)) for residential burglary and receiving stolen property. The trial court granted defendants Romero[1] motion as to the strike and dismissed one of the prior prison term enhancements in the interest of justice. It imposed a four year prison term consisting of the upper term of three years for the cocaine possession offense, plus the one year prison term enhancement. A suspended fine was imposed for the misdemeanor offense.
Court modify the judgment to reflect the additional mandatory fees that must be imposed, but affirm the judgment in all other respects.
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