P. v. Fletcher
Defendant pled guilty to transportation of methamphetamine (Health & Saf. Code, 11379, subd. (a)) (count 1) and possession of methamphetamine for sale (Health & Saf. Code, 11378) (count 2). He also admitted that he had served a prior prison term within the meaning of Penal Code section 667.5, subdivision (b). In return, defendant was given an indicated sentenced of two years on count 1, a concurrent term of two years on count 2, and the dismissal of the prior prison term enhancement pursuant to Penal Code section 1385. Defendant was sentenced in accordance with the indicated sentence. The court also found that a motor vehicle was used in the commission of the crimes pursuant to Vehicle Code section 13202, subdivision (a), and ordered the Department of Motor Vehicles (DMV) to suspend or revoke defendants driving privileges. On appeal, defendant contends (1) the trial court exceeded the terms of its indicated sentence when it ordered the DMV to suspend or revoke his driving privileges, and (2) specific performance is warranted. Court reject these contentions and affirm the judgment.
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