P. v. Sanchez
Defendant was charged with one count of possession of heroin in state prison, a violation of Penal Code section 4573.6. The information alleged defendant had one prior serious or violent felony strike conviction: a conviction of second degree murder. (Pen. Code 667, subds. (b)-(i); 1170.12, subds. (a)-(d).) Defendant was serving a prison sentence for that conviction at the time of the current offense. Defendant entered a plea of not guilty and denied the strike allegation. During trial, defendant admitted the prior conviction. The jury found defendant guilty as charged. On December 4, 2006, the court sentenced defendant to state prison for the upper term of four years, doubled to eight years for the prior strike conviction, to be served consecutive to the term already being served. Defendant appeals, contending the upper term sentence was improperly imposed and must be reduced to the midterm sentence. The judgment is affirmed.
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