P. v. Daniel
On April 1, 2011, a jury found defendant and appellant Chamaine Victoria Daniel guilty of possession of methamphetamine for sale under Health and Safety Code section 11378 (count 1). On April 4, 2011, the trial court found true the allegation that defendant had suffered two prior convictions under Health and Safety Code sections 11378 and 11383, within the meaning of Health and Safety Code section 11370.2. On July 1, 2011, the trial court sentenced defendant to six years in prison. On appeal, defendant contends that the one-year sentence for the prior prison term must be stricken and requests that this court independently review the record of the trial court’s in camera proceeding on her motion to traverse the search warrant. The People concede the trial court’s sentencing error, and agree that we should review the trial court’s in camera review of the confidential search warrant. For the reasons set forth below, we shall strike the one-year prior prison sentence. In all other respects, the judgment will be affirmed.
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