P. v. Smith
A jury convicted defendant Melvin Smith (defendant) of selling cocaine base, a controlled substance. (Health & Saf. Code, 11352, subd. (a).) After waiving his right to a jury trial on his priors, defendant admitted that he had suffered a prior conviction for selling narcotics (Health & Saf. Code, 11370.2, subd. (a)) and a prior conviction under the Three Strikes law for assault with a deadly weapon (Pen. Code, 667, subds. (b)-(i) & 1170.12, subds. (a)-(d)),[1]and had served six prior prison terms ( 667.5, subd. (b)). The trial court sentenced defendant to state prison for a term of nine years calculated as follows: the low term of three years for the underlying offense, doubled to six years for the prior strike conviction, with an additional three years for the prior narcotics conviction. The trial court dismissed the six prior prison term enhancements pursuant to section 1385.
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