P. v. Howard
Reginald Howard pleaded guilty to selling cocaine base (Health & Saf. Code, 11352, subd. (a); Pen. Code, 1203.073, subd. (b)(7)), possessing cocaine base for sale (Health & Saf. Code, 11351.5), and misdemeanor giving false information to a peace officer (Pen. Code, 148.9, subd. (a)), with the first two counts each enhanced by four prior Health and Safety Code section 11352 convictions (Health & Saf. Code, 11370.2, subd. (a)) and accompanied by one no probation prior conviction (Pen. Code, 1203.07, subd. (a)(11)). The court dismissed all but one of the Health and Safety Code section 11370.2 enhancements and suspended execution of a six-year prison sentence: the three-year lower term for selling cocaine base, a stayed (Pen. Code, 654) three year lower term for possessing cocaine base for sale and three years for the remaining Health and Safety Code section 11370.2, subdivision (a) enhancement. It suspended criminal proceedings (Welf. & Inst. Code, 3051) and ordered Howard committed to the California Department of Corrections and Rehabilitation. Later, it reinstated criminal proceedings and executed the sentence. Howard appeals. Court affirm.
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