P. v. Goodeau
Defendants, Benjamin L. Goudeau and Andrew Johnson, Jr., appeal from their convictions for furnishing cocaine base. (Health & Saf. Code, 11352, subd. (a).) Mr. Goudeau also appeals from his additional conviction of cocaine base possession for sale. (Health & Saf. Code, 11351.5.) Mr. Goodeau admitted he had three previous convictions for violating Health & Safety Code section 11350. (Health & Saf. Code, 11370, subds. (a), (c).) Mr. Johnson admitted that he was previously convicted of a serious felony (Pen. Code,[1] 667, subd. (b)-(i), 1170.12) and served eight prior prison terms. ( 667.5, subd. (b).) Mr. Goodeau argues the trial court improperly instructed the jurors with CALCRIM Nos. 220 and 222 and the sentence imposed as to count 3 should have been stayed pursuant to section 654, subdivision (a). Mr. Johnson joins in the instructional error contention. Mr. Johnson further argues the trial court improperly: denied his motions to exclude evidence and new trial; denied his request for an instruction on late discovery; and imposed prior prison term enhancements for case Nos. BA260241 and BA277349. The Attorney General argues that additional fees, penalties, and surcharges are due. Court affirm with modifications and remand to allow the trial court to exercise its discretion regarding the imposition of prior prison term enhancements.
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