P. v. Bechtel CA3
Convicted of transporting marijuana, defendant Jon Earl Bechtel asks us to remand this matter for further proceedings due to the Legislature’s subsequent amendment requiring the transportation be for sale. The Attorney General agrees with defendant, as do we.
A jury convicted defendant of transporting marijuana (Health & Saf. Code, former § 11360, subd. (a); Stats. 2011, ch. 15, § 162), along with cruelty to an animal (Pen. Code, § 597, subd. (b)), and resisting a peace officer. (Pen. Code, § 148, subd. (a)(1).) The trial court also found defendant had a prior conviction subject to the “Three Strikes” law.
The court sentenced defendant to a state prison term of nine years four months, calculated as follows: eight years for the unlawful transportation (the upper term of four years, doubled for the prior strike) plus 16 months for the animal cruelty (one-third the middle term, doubled for the prior strike).
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