P. v. Armstrong
A jury convicted appellant Kurtis Armstrong of transportation of cocaine base (Health & Saf. Code, 11352, subd. (a); count 1), possession of cocaine base for purposes of sale (Health & Saf. Code, 11351.5; count 2) and sale of cocaine base (Health & Saf. Code, 11352, subd. (a); count 3). In a separate proceeding, the court found true allegations that appellant had suffered three strikes[1]and had served two separate prison terms for prior felony convictions ( 667.5, subd. (b)). The court imposed a prison term of 52 years to life, with the determinate portion of the term consisting of 25 years on each of counts 2 and 3, and one year on each of the two prior prison term enhancements. On count 1, the court imposed, and stayed pursuant to section 654, a term of 25 years to life.
On appeal, appellant contends (1) the court erred in admitting into evidence a photograph of appellant taken at the time of appellants arrest, and (2) the court abused its discretion in denying appellants request to strike two of appellants strikes. Court affirm.
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