P. v. Hamlin
The San Bernardino County District Attorney filed two informations against defendant and appellant Diana Dee Hamlin on the same day. In case no. FVI1102017, defendant was charged with driving under the influence of alcohol or drugs, with a prior conviction for the same offense within 10 years. (Veh. Code, §§ 23152, subd. (a), 23550, 23550.5, count 1). In case No. FVI1102494, defendant was charged with possession of a controlled substance. (Health & Saf. Code, § 11350, subd. (a), count 1.) Both informations alleged that she had a prior strike conviction (Pen. Code, §§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)), and that she had served three prior prison terms (Pen. Code, § 667.5, subd. (b)).[1] Defendant entered plea agreements in both cases and pled no contest to both counts. She admitted the underlying conviction to count 1 in case No. FVI1102017. She also admitted the prior strike conviction. On both cases, the court dismissed the remaining allegations and sentenced defendant to the low term of 16 months in state prison, doubled pursuant to the strike conviction. The court awarded her a total of 261 custody credits[2] and ordered the 32-month terms to be served concurrent to each other.
Defendant filed a notice of appeal and a request for certificate of probable cause, which the trial court denied. We affirm.
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