P. v. Owens
A jury convicted defendant of possessing cocaine base for sale. (Health & Saf. Code 11351.5.)[1] The same day, the court found true the allegations that defendant had been twice previously convicted of possessing cocaine base for sale, had served two prior prison terms, and had been free on bail when he committed the new offense. (Pen. Code 667.5, subd. (b), 12022.1; 11370.2.) At sentencing, the court struck one of the prior convictions and both of the prior prison terms, and sentenced defendant to prison for nine years: four years for possession for sale, three years consecutive for the remaining prior conviction, and two years consecutive for the on-bail enhancement. On appeal, defendant contends that his trial attorney rendered ineffective assistance of counsel when he failed to object to the introduction of evidence of his prior convictions for section 11351.5 violations. He also contends that the trial court erred in admitting evidence of defendants prior convictions. Court will affirm.
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