P. v. Morales
Ricardo Morales appeals from the judgment entered following a court trial that resulted in his conviction for possession of marijuana while driving, an infraction, as charged in count 5 of the information, and a jury trial that resulted in his convictions for felony driving under the influence of PCP[1] (count 1), felony possession of PCP (count 2), and misdemeanor being under the influence of PCP (count 3), and court findings that he had suffered two prior convictions for driving under the influence of alcohol and/or drugs as alleged in count 1.[2]
Appellant was sentenced to prison for the total term of three years eight months, consisting of the three-year upper term on count 1 and eight months, or one-third the two-year middle term, on count 2. On count 3, the court sentenced him to 180 days in county jail but stayed service of the sentence pursuant to Penal Code section 654.[3] On count 5, the court imposed a two-day county jail sentence.
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