P. v. Moore
In case number CC459684, defendant Calvin Lovelle Moore pleaded guilty to possession of cocaine (Health & Saf. Code, 11350, subd. (a)), being under the influence of cocaine (Health & Saf. Code, 11550, subd (a)), possession of drug paraphernalia (Health & Saf. Code, 11364) and resisting a peace officer (Pen. Code, 148, subd. (a)(1)). Defendant also admitted one prior strike conviction (Pen. Code, 667, subds. (b)-(i) & 1170.12) and one prior prison term (Pen. Code 667.5, subd. (b)). In case number CC586869, based on a separate incident, defendant pleaded no contest to petty theft with a prior (Pen. Code, 666) and second degree burglary (Pen. Code, 459-460, subd. (b)). Defendant again admitted to a prior strike conviction and prior prison term, and further admitted the allegation that he was out of custody on bail at the time he committed the burglary (Pen. Code, 12022.1).
The United States Supreme Court remanded to this court for further consideration in light of Cunningham v. California (2007) U.S. [127 S.Ct. 856] (Cunningham). After receiving supplemental briefing from the parties regarding the impact of the California Supreme Courts decision in People v. Black (2007) 41 Cal.4th 799 (Black II), Court again affirm.
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