P. v. Burnell CA4/3
Ritchie Renay Burnell was convicted of possession for sale of cocaine and possession of oxycodone. The trial court found true sentencing enhancement allegations that defendant had previously been convicted of Health and Safety Code violations.
After defendant was sentenced, Senate Bill No. 180 amended Health and Safety Code section 11370.2 to abolish the Health and Safety Code sentencing enhancement in this case. Defendant argues, and the Attorney General concedes, that Senate Bill No. 180 should be applied retroactively. We order that the true finding on the sentencing enhancement allegation be stricken. In all other respects, we affirm the judgment.
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