P. v. Gutierrez CA4/1
A jury convicted appellant, Kenneth Gutierrez, of possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)) and possession of drug paraphernalia (§ 11364). The court found appellant had previously been convicted of attempted murder (Pen. Code, §§ 187, 664). The court found that prior conviction was both a serious/violent felony prior conviction and a "super strike" under Penal Code section 667, subdivision (e)(2)(C)(iv), which made the section 11377 conviction a felony. The court struck the serious/violent felony prior and sentenced appellant to a two-year term. The court imposed various fines and fees including a lab analysis fee (§ 11372.5, subd. (a)).
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