P. v. Mares CA4/2
Defendant and appellant Jaime Mares was charged by information with possession of controlled substances in state prison, possession of a controlled substance for sale (heroin), possession of a controlled substance for sale (methamphetamine), and possession of a controlled substance for sale (marijuana) (Health & Saf. Code, § 11359, count 4). The information also alleged that defendant had three prior strike convictions A jury found defendant guilty on all counts. In a bifurcated hearing, a trial court found the prior strike allegations true. Upon the People’s motion, the court struck two of the prior strike convictions. The court then sentenced defendant to the upper term of four years on count 2, which it deemed the principal term, plus one-third the middle term of two years (eight months) on both counts 3 and 4, with each term doubled pursuant to the prior strike.
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