P. v. Garner
Following a bench trial, the court found Edward Garner guilty of selling cocaine base and possessing cocaine base for sale. (Health & Saf. Code, 11352, subd. (a), 11351.5.) Garner also admitted one prior strike conviction and eight prior prison terms. (Pen. Code, 667, subds. (b)-(i), 668, 1170.12, 667.5, subd. (b).) Garner moved to dismiss the prior strike, but the court denied the motion. The court imposed a nine-year sentence, consisting of the low three-year term on the cocaine sale count, doubled to six years based on the prior strike, plus one year each for the sixth, seventh, and eighth prison priors. The court struck each of the one year terms for the first five prison priors, and stayed the sentence for the cocaine possession count under Penal Code section 654.
Garner's sole contention on appeal is that the court abused its discretion in failing to strike his prior strike conviction. Court determine this contention is without merit and affirm.
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