P. v. Warr
This appeal involves two cases: MA054155 and MA054636. In MA054155 a jury found Micquawn Warr (appellant) guilty of possession of marijuana for sale. (Health & Saf. Code, § 11359.) The jury found true an "on bail" allegation. (Pen. Code, § 12022.1.) Appellant admitted one prior serious or violent felony conviction ("strike") within the meaning of California's "Three Strikes" law. (Id., §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).)
In MA054636 a jury found appellant guilty on count 1, transportation of marijuana (Health & Saf. Code, § 11360, subd. (a)), and on count 2, possession of marijuana for sale. (Id., § 11359.) The jury found true an "on bail" allegation and a prior strike allegation.
In MA054636 the trial court imposed the upper term of four years on count 1, transportation of marijuana, doubled to eight years because of the strike, plus two years for the "on bail" allegation. On count 2, possession of marijuana for sale, the court imposed a concurrent sentence of the middle term of two years, doubled to four years because of the strike. The total prison sentence for MA054636 is 10 years.
In MA054155 the trial court imposed a consecutive sentence of eight months (one-third the middle term of two years), doubled to one year, four months because of the strike. The court struck the "on bail" allegation. Thus, the aggregate sentence for both cases is 11 years, 4 months.
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