P. v. Vasquez
Filed 6/21/06 P. v. Vasquez CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. GILBERT VASQUEZ, Defendant and Appellant. | G035761 (Super. Ct. No. 04CF2671) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Gary S. Paer, Judge. Affirmed with directions.
Kevin D. Sheehy, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, and Robert M. Foster, Deputy Attorney General, for Plaintiff and Respondent.
THE COURT: *
Gilbert Vasquez appeals on the basis that the trial court erred when it imposed consecutive sentences on the mistaken belief that the Three Strikes law requires consecutive sentencing for multiple convictions. The Attorney General concedes the trial court's error.
FACTS
A detailed recitation of the underlying facts is not pertinent for the resolution of the appeal. For our purposes it is sufficient to note that police discovered heroin, methamphetamine, and cocaine after searching a truck in which Vasquez was a passenger. Although Vasquez was charged with possession for sale, at the conclusion of his jury trial, he was convicted of the lesser included offenses of possession of heroin, methamphetamine, and cocaine. In a bifurcated proceeding, Vasquez admitted all priors that had been alleged and the court dismissed all but one strike pursuant to Penal Code section 1385[1] and People v. Superior Court (Romero) (1996) 13 Cal.4th 497.
At the sentencing hearing, Vasquez was sentenced to eight years, eight months which the court calculated by doubling the midterm of two years for possession of heroin to four years pursuant to section 667, subdivisions (d) and (e)(1) and 1170.12, subdivisions (b) and (c)(1). Consecutive to the four year term, the court sentenced Vasquez to eight months (one-third the midterm of two years) for each count of possession of methamphetamine and cocaine, which it then doubled to 16 months pursuant to section 667, subdivisions (d) and (e)(1) and 1170.12, subdivisions (b) and (c)(1). According to the court, â€
