P. v. Madrid
A jury convicted defendant of manufacturing methamphetamine (Health & Saf. Code, 11379.6, subd. (a)), and made 15 true findings that the crime occurred in a structure in which a child under the age of 16 years was present. (Health & Saf. Code, 11379.7, subd. (a).) In bifurcated proceedings, the trial court found true allegations that defendant had suffered three prior convictions for which he had served prison terms (Pen. Code, 667.5, subd. (b)) and one strike prior. (Pen. Code, 667, subds. (c) & (e)(1)) He was sentenced to prison for 38 years and appeals, claiming he should have sustained only one true finding under Health and Safety Code section 11379.7, subdivision (a),[1]that that section is unconstitutional, that the erroneous admission of evidence at trial requires reversal of his conviction and the true findings and there was insufficient evidence to support his conviction. He also contends that his sentence violates Penal Code section 654 and is cruel and unusual. Because Court agree with his former contention, Court need not address the latter. Court affirm his conviction and the true findings. Court stay the terms imposed for 14 of the 15 true findings under section 11379.7, subdivision (a) pursuant to Penal Code section 654. Court direct the trial court to amend the minutes of the sentencing hearing and abstract of judgment to reflect this and to impose a new total sentence of 14 years.
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