P. v. Mann
The People charged defendant by information with possession of methamphetamine for sale (count 1 Health & Saf. Code, 11378), with a special allegation that he had incurred a previous drug conviction (Health & Saf. Code, 11370.2, subd. (c)), possession of heroin (count 2 Health & Saf. Code, 11350, subd. (a)), and possession of a hypodermic needle (count 3 Bus. & Prof. Code, 4140). The People additionally alleged defendant had suffered three prior prison terms (Pen. Code, 667.5, subd. (b)) and a prior strike conviction (Pen. Code, 667, subds. (c) & (e), 1170.12(c)(1)). Defendant pled guilty to the sheet, i.e., to all counts and allegations as alleged in the information. In return, the court sentenced him to an aggregate prison term of five years eight months and stayed imposition of sentence on the three prior prison term enhancements. On appeal, defendant contends the court erred in staying, rather than striking, the three prior prison term enhancements. The People concede the matter. Court agree and, therefore, order the three prior prison term enhancements stricken. In all other respects, the judgment is affirmed.
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