P. v. Wharry CA5
On June 16, 2009, a jury convicted appellant Gerald Anthony Wharry of possession of ecstasy (Health & Saf. Code, § 11377, subd. (a)/count 2). The jury, however, was unable to reach a verdict on a count of sale of cocaine base (§ 11352, subd. (a)/count 1) and the court declared a mistrial with respect to that count. In a separate proceeding, Wharry admitted a prior prison term enhancement (Pen. Code, § 667.5, subd. (b)) and two prior conviction enhancements (§ 11370.2).
On October 15, 2010, a second jury convicted Wharry of sale of cocaine base. Despite his conviction on the two counts, the court allowed Wharry to remain out of custody on his own recognizance pending sentencing and he absconded. He was apprehended on August 28, 2015.
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