P. v. Tenbrink CA5
Appellant Shawn DJ Tenbrink stands convicted of violating Health and Safety Code section 11379.6, subdivision (a), manufacturing by chemical extraction a controlled substance, in this case hash oil or honey oil. He contends the evidence is insufficient to sustain this conviction. We affirm the conviction.
Tenbrink also admitted two Penal Code section 667.5, subdivision (b) enhancements, which the abstract of judgment erroneously reflects as Penal Code, section 667.5, subdivision (a) enhancements. The trial court also stayed imposition of punishment on these enhancements. Because Penal Code section 667.5, subdivision (b) enhancements must be imposed or stricken, but not stayed, we will remand for the trial court to exercise its discretion and direct the preparation of an amended abstract of judgment.
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