P. v. Dutertre
Defendant was convicted of felony possession of narcotics (count 1) and misdemeanor possession of drug-smoking paraphernalia (count 2), with one prior "strike" conviction under the "Three Strikes" law. The evidence at trial showed that the police found an unused cocaine pipe in appellant's pocket during a patdown search, drove him to the station in a patrol car, and found two rocks of cocaine on the seat where he had been sitting. At bifurcated proceedings, the trial court found that appellant's prior conviction was true and qualified as a strike under the Three Strikes law. The prior conviction is a 1980 conviction in Texas for rape. Appellant was sentenced to six years in prison, based on the midterm of three years for drug possession, doubled for the strike. Defendant received a concurrent sentence on count 2.
Appellant's prior conviction for rape in Texas is reversed and remanded for retrial. In all other respects, his conviction is affirmed.
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