P. v. Clark CA1/4
Donald E. Clark, who was tried with two codefendants for operating a heroin distribution house in Richmond, appeals from his conviction of multiple drug and weapons offenses and enhancements that resulted in a 12-year prison sentence. He contends on appeal that one enhancement for personal arming while in possession of a controlled substance for sale was not supported by substantial evidence. In supplemental briefing he invokes last year’s Senate Bill No. 180, which amended Health and Safety Code section 11370.2 so as to effectively abolish certain prior felony drug conviction enhancements, including those for which Clark was sentenced. Clark argues the amendment applies retroactively to his case, and the Attorney General agrees. And finally, the parties agree a typographical error on Clark’s abstract of judgment should be corrected.
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