P. .v Tyler
A jury convicted Toris Tavelle Tyler of possessing marijuana for sale (Health & Saf. Code, § 11359) and being a felon in possession of a firearm (former Pen. Code, §§ 12021, subd. (a)(1), 29800, subd. (a)(1); all further statutory citations are to the Penal Code unless noted). The jury also found he was armed with a firearm when he committed the marijuana offense (§ 12022, subd. (a)(1)). Tyler contends the trial court erred in failing to adjudicate his motions to quash and traverse a search warrant. He also raises several sentencing issues, arguing imposition of an eight-month consecutive term for felon in possession of a firearm violated section 654, the court should have allowed him to serve his custody time in county jail rather than state prison, and the court erred in calculating his conduct credits. We agree with his contention the trial court failed to review the sealed search warrant for probable cause and therefore we must reverse the judgment and direct the trial cou
Comments on P. .v Tyler