P. v. Hamdi
A jury convicted Shawkat Hamdi of possession of cocaine for sale (Health & Saf. Code, § 11351); possession of methamphetamine for sale (Health & Saf. Code, § 11378); possession of marijuana for sale (Health & Saf. Code, § 11359); possession of psilocybin mushrooms (Health & Saf. Code, § 11377, subd. (a)); possession of cocaine while armed with a loaded firearm (Health & Saf. Code, § 11370.1, subd. (a)); possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1))[1]; and possession of ammunition by a felon (§ 12316, subd. (b)(1)).[2] The jury also found Hamdi was personally armed with a firearm (§ 12022, subd. (c)) in connection with the cocaine and methamphetamine sales counts and was armed with a firearm in connection with the marijuana sales count (§ 12022, subd. (a)(1)). In a separate proceeding, Hamdi admitted he had a prior serious/violent felony conviction (§ 667, subds. (b)-(i)) and had served two prior prison terms (§ 667.5, subd. (b)).
The trial court sentenced Hamdi to 14 years in prison. On the possession of cocaine for sale count, the court imposed the upper term of four years, doubled under the three strikes law. The court also imposed a four-year enhancement for being personally armed with a firearm, bringing the sentence on this count to 12 years.[3] An additional two years was imposed for the two prior prison terms.
Hamdi appeals, contending (1) the trial court misunderstood the scope of its discretion to impose a low or middle term sentence, and (2) execution of the sentence for possession of a firearm by a felon should have been stayed under section 654.
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