P. v. Church
A jury found defendant Noah Charles Church guilty of possessing heroin for sale, a felony (Health & Saf. Code, 11351), maintaining a place for selling/using heroin, a felony ( 11366), possessing a smoking device, a misdemeanor ( 11364), and possessing a hypodermic syringe without a permit, a misdemeanor (Bus. & Prof. Code, 4140). The jury found him not guilty of being a felon in possession of a firearm (Pen. Code, 12021, subd. (a)), being a felon in possession of ammunition (Pen. Code, 12316, subd. (b)(1)), and possessing heroin while armed with a loaded firearm ( 11370.1, subd. (a)). In a bifurcated proceeding, the trial court sustained allegations that defendant had two prior strike convictions (Pen. Code, 1170.12, 667, subds. (b)-(i)) and a prior narcotics conviction ( 11370.2, subd. (a)). After denying defendants motion to strike at least one of his prior strike convictions, the trial court sentenced him to an aggregate term of 28 years to life in prison, consisting of 25 years to life for possessing heroin for sale, plus a consecutive three years for the narcotics enhancement. Sentence on the remaining felony count was stayed pursuant to Penal Code section 654.
Defendant appeals, contending the trial court erred in failing to strike one or both of his prior strike convictions. Court affirm.
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