P. v. King CA3
A jury convicted defendant Dale King of possession of methamphetamine for sale. In bifurcated proceedings, the trial court found true allegations of four prior prison terms and a prior drug conviction. The trial court sentenced defendant to an aggregate prison term of 11 years.
Defendant now contends (1) defense counsel rendered ineffective assistance in failing to object to an expert’s interpretation of his jail call, and (2) the trial court erroneously instructed the jury on the procedure for considering the lesser included offense of simple possession. We find no merit in the contentions.
In supplemental briefing, defendant asserts (3) that the three-year enhancement imposed for his prior drug conviction must be stricken pursuant to a recent amendment to Health and Safety Code section 11370.2. The People agree, and we do too. We will modify the judgment to strike the three-year enhancement imposed for defendant’s prior drug conviction, and affirm the judgment as modifie
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