P. v. Bunch
jury found Drafton Bunch guilty of selling cocaine base (Health & Saf. Code, 11352, subd. (a)) (count 1) and possessing cocaine base for sale (Health & Saf. Code, 11351.5) (count 2). The court sentenced him to 10 years in prison: the four-year middle term for selling cocaine base, a stayed term (Pen. Code, 654) for possessing cocaine base for sale, and, at issue in this appeal, three years each for two Health and Safety Code section 11370.2, subdivision (a) enhancements.[1] Bunch appeals, contending he never admitted, and the People never proved, the allegations underlying these enhancements, or allegations of a third Health and Safety Code section 11370.2, subdivision (a) prior conviction; three Penal Code section 1203.07, subdivision (a)(11) probation denial prior convictions;[2]four Penal Code section 1203, subdivision (e)(4) probation denial prior convictions;[3]and prior prison terms (Pen. Code, 667.5, subd. (b), 668). Court conclude there was insufficient evidence to support the court's findings the allegations were true.
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