P. v. Papenhausen
A jury convicted defendant Scott Everett Papenhausen of selling or furnishing methamphetamine ("Health & Saf. Code, § 11379, subd. (a)" Health & Saf. Code, § 11379, subd. (a); count I), possession of methamphetamine ( "Health & Saf. Code, § 11377, subd. (a)" Health & Saf. Code, § 11377, subd. (a)) as a lesser included offense to that charged in count II (possession for sale, "Health & Saf. Code, § 11378" Health & Saf. Code, § 11378), and misdemeanor resisting ( "Pen. Code, § 148, subd. (a)(1)" Pen. Code, § 148, subd. (a)(1)) as a lesser offense to that charged in count III (resisting by means of threat or violence, "Pen. Code, § 69" Pen. Code, § 69). In connection with count II, the jury found that defendant personally used a deadly or dangerous weapon, to wit, a ceramic lamp ( l "Pen. Code, § 12022, subd. (b)(1)" Pen. Code, § 12022, subd. (b)(1)). In bifurcated proceedings, defendant admitted two prior prison term allegations ( "Pen. Code, § 667.5, subd. (b)" Pen. Code, § 667.5, subd. (b)) and a prior drug conviction allegation ( "Health & Saf. Code, § 11370.2, subd. (c)" Health & Saf. Code, § 11370.2, subd. (c)).
Sentenced to state prison, defendant appeals. He contends counsel rendered ineffective assistance and the trial court abused its discretion in sentencing. We will affirm the judgment. We do find errors in the abstract of judgment which must be corrected. Relevant facts will be recounted in our discussion of defendant’s contentions.
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