P. v. Magana
Appellant Jesus Magana appeals from the judgment entered following a jury trial that resulted in his conviction for selling a controlled substance in violation of Health and Safety Code section 11352, subdivision (a). The jury found true the allegation that the crime was committed for the benefit of a criminal street gang within the meaning of Penal Code section 186.22, subdivision (b)(1). Appellant admitted having suffered a prior strike conviction, a prior serious felony conviction, and five prison priors. After granting appellants Romero motion and striking his prior conviction under Penal Code sections 1170.12, subdivisions (a) through (d) and 667, subdivisions (b) through (i), the trial court sentenced appellant to 10 years in state prison. The sentence consisted of the low term of three years for the substantive offense, two consecutive years for the gang enhancement, and five consecutive years for a prior serious felony conviction within the meaning of Penal Code section 667, subdivision (a). The court struck five prison priors under Penal Code section 667.5, subdivision (b). Court have examined the entire record and are satisfied that appellants attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.) The judgment is affirmed.
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