P. v. Behnke CA4/1
A jury found Steven M. Behnke guilty of possession of methamphetamine for sale (Health & Saf. Code, § 11378) (count 1), unlawful possession of ammunition (Pen. Code, § 30305, subd. (a)(1)) (count 2), and possession of cocaine (§ 11350, subd. (a)) (count 3). After the jury returned its verdicts, Behnke admitted that he had suffered a prior conviction for a violation of section 11378, and a prior conviction for a violation of section 11351. Based on these admissions, the trial court found that Behnke had suffered two prior drug-related convictions within the meaning of section 11370.2, subdivision (c). The trial court sentenced Behnke to prison for a total term of three years and eight months, consisting of the upper term of three years on count 1, plus a consecutive eight-month sentence on count 2. In imposing the upper term on count 1, the court relied in part on Behnke's prior convictions. The trial court sentenced Behnke to time served on count 3, and stayed the impositi
Comments on P. v. Behnke CA4/1