P. v. McCall
Defendant Solomon McCall pled no contest to possession of methamphetamine (Health & Saf. Code, 11377, subd. (a); count 1), and possession of paraphernalia (Health & Saf. Code, 11364; count 2). It was further alleged that he served five prior prison terms. He admitted serving three and the other two were struck as concurrent. In exchange for his plea, the trial court suspended the imposition of a sentence and placed defendant on probation with drug treatment pursuant to Proposition 36 (Pen. Code, 1210.1, et seq.). Following defendants violation of probation, the trial court sentenced him to a state prison term of four years, including the middle term of two years, plus two one year prior prison term enhancements pursuant to section 667.5, subdivision (b). The trial court struck the third prior prison term finding.
On appeal, defendant contends the record shows insufficient evidence to support the prior prison term enhancements because he did not admit that he served separate prison terms or that he failed to remain free for the five-year wash-out period. Court affirm the judgment.
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