P. v. Menyweathers
A jury convicted defendant Keith Lamont Menyweathers of possession of methamphetamine. (Health & Safe. Code 11377, subd. (a).) Thereafter, defendant admitted having sustained a prior strike conviction (Pen. Code 667, subds. (c) & (e), 1170.12, subd. (c)(1)) and a prior prison term (Pen. Code 667.5, subd. (b)). The court sentenced defendant to an aggregate term of three years eight months of imprisonment consisting of the following: the low term of 16 months on count 1 doubled pursuant to the strike prior plus 12 months for the prior prison term.[1] On appeal, defendant contends that the trial courts erroneous reading of CALCRIM No. 359, that the jury must rather than may rely on defendants out of court statements to convict him, resulted in reversible error. Court disagree and, therefore, affirm the judgment in full.
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