P. v. Trice
On November 10, 2011, a jury convicted defendant Darren Lee Trice of transporting a controlled substance, namely cocaine base (Health & Saf. Code, § 11352, subd. (a); count 1), possessing a controlled substance, namely cocaine base (Health & Saf. Code, § 11350, subd. (a); count 2), being under the influence of a controlled substance (Health & Saf. Code § 11550, subd. (a); count 4), and possessing drug paraphernalia (Health & Saf. Code § 11364; count 5). In a bifurcated trial, the court found true the special allegations that defendant suffered six prison priors and five prior strike convictions. (Pen. Code, §§ 667, subds. (c) & (e)(2)(a), 667.5, subd. (b), and 1170.12, subd. (c)(2)(A).) On May 25, 2012, the court sentenced defendant to six years plus 25 years to life as follows: 25 years to life for counts 1 and 2, one year for count 4, and six months for count 5. Counts 2, 4 and 5 were ordered to run concurrent with count one. With respect to the Penal Code section 667.5, subdivision (b) prior conviction allegations, the trial court imposed a consecutive sentence of six years. Defendant appeals, contending the trial court erred in denying both his motion to suppress evidence and his request to strike prior convictions. He further raises challenges to his sentence. As discussed below, we affirm the conviction but modify the sentence to conform with Penal Code section 654.
Comments on P. v. Trice