P. v. Ross CA3
Defendant Larry Darnell Ross, Sr., appeals a judgment following a jury’s determination that he committed one count of possession of cocaine base for sale (Health & Saf. Code, § 11351.5) and one count of possession of a controlled substance in jail (Pen Code, § 4573.6), as well as findings that defendant had a prior strike (§ 667, subds. (c), (e)(1)) and had served two prior prison terms (§ 667.5, subd. (b)), for which defendant received an aggregate prison term of eight years.
On appeal, defendant raises three challenges to his sentence. First, he seeks relief in light of the passage of Senate Bill No. 136 (2019-2020 Reg. Sess.) (Senate Bill 136), which would eliminate his two 1-year prior prison term enhancements. Second, defendant asks that we stay his concurrent prison term pursuant to section 654. Finally, defendant argues the trial court abused its discretion in failing to strike his prior strike at sentencing.
We agree that defendant is entitled to relief under Senate Bill
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