P. v. Thomas
Defendant pleaded no contest to multiple drug-related charges and prior drug conviction enhancements, as well as other recidivism-related enhancements, and the trial court sentenced him to 12 years in state prison. On appeal, Defendant asserts the trial court committed sentencing error by: (1) misunderstanding its discretionary power to strike one of the section 11370.2 enhancements under Penal Code section 1385; (2) improperly computing his sentence by imposing the section 11370.2 enhancements on specific counts instead of the aggregate sentence; and (3) erroneously using his prior drug convictions as foundation for imposing both the aggravated term on count 1 and the section 11370.2 enhancements. Court agreed that the section 11370.2 enhancements should have been imposed on Defendant's aggregate sentence and directed the trial court to modify its minute order and amend the abstract of judgment to correct the error. In all other respects, court affirmed the judgment.
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