P. v. Johnson
A jury convicted George Johnson of selling cocaine base (Health & Saf. Code, 11352, subd. (a)[1]; Pen. Code, 1203.073, subd. (b)(7)) and possessing cocaine base for sale ( 11351.5). In addition, the trial court found true allegations Johnson had two prior convictions for selling drugs and one prior conviction for possessing drugs for sale. ( 11370.2, subd. (a); Pen. Code, 1203.07, subd. (a)(11).) The trial court also found true allegations Johnson had three prior probation denial convictions (Pen. Code, 1203, subd. (e)(4)) and three prior prison convictions (Pen. Code, 667.5, subd. (b), 668). The trial court sentenced Johnson to an aggregate term of 11 years in prison, consisting of a four-year term for the selling cocaine base conviction, plus two 3 year terms for the two prior drug sale convictions, plus a one year term for one of the prior prison convictions. The court struck the remaining enhancement allegations related to the selling cocaine base conviction. The court stayed the sentences for the possession for sale conviction and related enhancement allegations.
Johnson appeals, requesting we independently review sealed police personnel and internal affairs files to determine whether the trial court abused its discretion in finding the files did not contain any discoverable information. In addition, he contends his conviction for possession of cocaine base for sale should be reversed because this crime is punished more severely than possession of cocaine for sale, which violates his constitutional rights to equal protection and substantive due process. Court affirm the trial court's judgment.
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