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P. v. Malveaux
A jury found defendant guilty of sale of a controlled substance in violation of Health and Safety Code section 11352, subdivision (a). In a bifurcated proceeding, the trial court found true that defendant had suffered one prior strike conviction (Pen. Code, 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), one prior prison term (Pen. Code, 667.5, subd. (b)), and two prior drug-related convictions (Health & Saf. Code, 11370.2, subd. (a)). Following the denial of his motion to strike his prior conviction, defendant was sentenced to a total term of 15 years in state prison. On appeal, defendant contends the trial court prejudicially erred when it failed to consider his statements at sentencing that he was in custody at the time of the offense was committed as a new trial motion, and failed to either grant a new trial or a hearing to determine if he was in fact in custody as he claimed. For the reasons explained below, we reject these contentions and affirm the judgment.

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