P. v. Gallon CA1/4
A jury convicted appellant Doffus Lomack Gallon of possession of cocaine for sale (Health & Saf. Code, § 11351) and possession of cocaine (Health & Saf. Code, § 11350, subd. (a)). The trial court found he had two prior strike convictions (Pen. Code, § 1170.12, subds. (a)-(d)) and had served four prior prison terms (Pen. Code, § 667.5, subd. (b)). After striking the lesser included offense of cocaine possession, the court sentenced appellant to 12 years in state prison. Appellant contends the trial court prejudicially erred by failing to instruct the jury on the corpus delicti rule. He also argues the court abused its discretion in sentencing him to the upper term. Finally, appellant argues—and the Attorney General agrees—the sentencing minute order and abstract of judgment should be modified. We modify the sentencing minute order and abstract of judgment. As modified, we affirm.
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