P. v. Prescott
A jury found defendant guilty of possessing marijuana for sale (Health & Saf. Code, 11359) (count 1) and transporting more than 28.5 grams of marijuana (Health & Saf. Code, 11360, subd. (a)) (count 2). After defendant waived his right to a jury trial on the prior strike conviction allegation, in a bifurcated proceeding, the court found true that defendant had sustained a prior strike conviction within the meaning of Penal Code sections 667, subdivisions (c) and (e)(1) and 1170.12, subdivision (c)(1). Defendant was sentenced to a total term of four years in state prison as follows: the low term of two years on count 2, doubled to four years due to the prior strike conviction; his sentence on count 1 was stayed pursuant to Penal Code section 654. Defendants sole contention on appeal is that use of a prior juvenile adjudication as a strike under the three strikes law denied him due process and the right to trial by jury. Court reject this contention and affirm the judgment.
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