P. v. Alexander
On June 29, 2004, a jury convicted appellant Kerry Lewis Alexander of transportation of methamphetamine (count one/Health & Saf. Code, 11379), possession of methamphetamine (count two/Health & Saf. Code, 11377), evading a police officer (count three/Veh.. Code, 2800.2), resisting or delaying a police officer (count four/Pen. Code, 148, subd. (a)), and possession of a hypodermic needle and syringe (count five/Bus. &. Prof. Code, 4140). In a separate proceeding, the jury found true a prior prison term enhancement (Pen. Code, 667.5, subd. (b)). Thereafter, the court sentenced Alexander to prison for an aggregate term of four years, the middle term of three years on the transportation offense, a one year prior prison term enhancement, a stayed term on count two, a concurrent two year term on count three, and concurrent term of 60 days on counts four and five. Following a timely appeal, in an unpublished opinion, this court found that the trial court erred in not staying the term it imposed on count four pursuant to Penal Code section 654 and by its failure to conduct a Marsden hearing. We remanded the matter to the trial court so that it could conduct this hearing. On May 15, 2006, pursuant to our remand, the trial court held a Marsden hearing and denied Alexanders Marsden motion. On appeal, Alexander contends the trial court abused its discretion when it denied his Marsden motion. Court affirm.
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