P. v. York CA2/6
Steven Joel York appeals from the judgment after a jury convicted him of possession of heroin for sale (Health & Saf. Code, § 11351) and possession of an injection device (§ 11364, subd. (a)). The trial court found true allegations that York suffered two prior narcotics-related convictions (§ 11370.2, subd. (a)) and served one prior prison term (Pen. Code, § 667.5, subd. (b)). It sentenced him to 10 years in county jail.
York contends the trial court erred when it: (1) denied his motion to suppress evidence, and (2) admitted statements he made to a police officer. He also contends the prosecutor committed misconduct during his rebuttal argument. At oral argument, we requested supplemental briefing on how recent changes to section 11370.2 affect York’s sentence. We vacate York’s sentence and remand.
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