P. v. Tunstill CA2/2
Richard Tunstill (defendant) was convicted by a jury of one count of sale or transportation of cocaine base (Health & Saf. Code, § 11352, subd. (a)) and one count of possession for sale of cocaine base (§ 11351.5). Defendant admitted he had suffered a prior conviction for possession for sale of a controlled substance (§ 11370.2) and a prior violent strike conviction (Pen. Code, §§ 667, subds. (b)-(i) & 1170.12, subds. (a)-(d)). The trial court sentenced defendant to the midterm of four years for the section 11352 conviction, doubled to eight years pursuant to the Three Strikes law. The court also imposed a three-year enhancement term pursuant to section 11370.2 for defendant’s prior narcotics conviction, for a total of 11 years in prison. The court stayed sentence on the current section 11351.2 conviction pursuant to Penal Code section 654.
Comments on P. v. Tunstill CA2/2