P. v. Lesopravsky
Defendant was convicted by a jury of possession of a controlled substance and giving false information to a police officer. (Health & Saf. Code, S 11377, subd. (a); Pen. Code, S 148.9, subd. (a).) Appellant admitted that he had been convicted of residential burglary, a serious felony within the meaning of the "Three Strikes" law. (Pen. Code, SS 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) Probation was denied and he was sentenced to a four-year term in state prison. Appellant appeals, arguing the prosecutor committed misconduct during closing argument and the trial court abused its discretion when it failed to reduce the possession charge to a misdemeanor, grant him probation, and strike his prior conviction of a serious felony. The Attorney General argues that the trial court failed to impose the required penalty assessments. Court modify the judgment to reflect the imposition of those assessments and affirm.
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