P. v. Bacot CA5
A jury convicted appellant Jason Alan Bacot of possession for sale of a controlled substance (Health & Saf. Code, § 11378; count 1). In separate proceedings, Bacot pled no contest to being a felon in possession of ammunition (Pen. Code, § 30305, subd. (a)(1); count 2) and the court found true three prior conviction enhancements (§ 11370.2, subd. (c)).
On appeal, Bacot contends: (1) his prior conviction enhancements must be dismissed because of a recent change in the law; and (2) the trial court erred when it imposed a split sentence and probation in the same case. We agree with both contentions, modify the judgment accordingly, and remand for resentencing.
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