P. v. Arbiso
Defendant was charged with one count of possession of methamphetamine (count 1 Health & Saf. Code, 11378.) It was further alleged that defendant had suffered three prior convictions pursuant to Health and Safety Code section 11370.2, subdivision (c), and two prior prison terms pursuant to Penal Code section 667.5, subdivision (b). Defendant pled guilty to count 1, and admitted one of the prior convictions, and both prior prison terms. The court, pursuant to the parties stipulation, dismissed the remaining allegations. Defendants plea agreement specified that she would serve a seven-year prison commitment consisting of the middle term of two years on count 1, one year on each of the prior prison term allegations, and three years on the prior conviction. The court pronounced sentence as specified in the plea agreement. However, both the minute order of sentencing and the abstract of judgment reflect that the court sentenced defendant to the middle term of two years, doubled to four years pursuant to Penal Code sections 1170.12, subdivision (c)(1) and 667, subdivision (e)(1) on count 1; one year each for both of the admitted prior prison terms; and one year for the admitted prior conviction, for a total term of seven years imprisonment.
Comments on P. v. Arbiso