California Court of Appeal

Sentence for conviction of transportation of methamphetamine, Health & Saf. Code section 11379(a) and possession of methamphetamine for sale, section 11378, is modified where the imposition of three prior prison terms at defendant's sentencing on the new offenses was error, because: 1) even though the prior convictions were felonies when defendant committed the new offenses, and even though the prior prison term allegations were adjudicated prior to the convictions being reduced to misdemeanors, the reductions occurred prior to defendant's sentencing; and 2) since, at the time of sentencing, the prior convictions were no longer felonies, the prior prison term enhancements could not be imposed.

Appellate Information

• Published 2017/03/14

Judges

• DETJEN

Court

• California Court of Appeal

Counsel