P. v. Vaughn
A jury convicted defendant and appellant Phillip Pierre Vaughn of possession of cocaine base for purpose of sale (Health & Saf. Code, 11351.5) and possession of marijuana for sale (Health & Saf. Code, 11359). Defendant admitted suffering a prior robbery conviction within the meaning of the three strikes law (Pen. Code, 1170.12, subds. (a)-(d) and 667, subds. (b)-(i)) and serving a prior prison term within the meaning of Penal Code section 667.5, subdivision (b). Defendant was sentenced to nine years in state prison, consisting of the midterm of four years on the cocaine charge, doubled due to the prior strike conviction, and enhanced by one year for the prior prison term. The sentence on the marijuana charge was stayed pursuant to Penal Code section 654. In this timely appeal from the judgment, defendant argues he was: (1) denied his Sixth Amendment right to a fair and impartial jury when the trial court refused to discharge the jury panel following a prejudicial statement made by a prospective juror; and (2) denied his constitutional right to fair notice of the charges when the prosecution introduced evidence that he possessed cocaine base in an amount greater than that established at the preliminary hearing. Court affirm.
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