From Casetext: Smarter Legal Research

People v. Blanco

Court of Appeals of California, Fourth Appellate District, Division Three.
Nov 21, 2003
G032056 (Cal. Ct. App. Nov. 21, 2003)

Opinion

G032056.

11-21-2003

THE PEOPLE, Plaintiff and Respondent, v. NELIDA BLANCO, Defendant and Appellant.

Michael Egan, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, and Robert M. Foster, Deputy Attorney General, for Plaintiff and Respondent.


OPINION

THE COURT:

A jury convicted Nelida Blanco of one count of possession for sale of a controlled substance (Health & Saf. Code, § 11378), and one count of transportation of a controlled substance (Health & Saf. Code, § 11379, subd. (a).) Blanco also admitted having suffered a prior conviction for possession of cocaine. (Health & Saf. Code, § 11351.)

The court sentenced Blanco to the low term of two years in prison for the transportation count; sentence on the possession for sale count was stayed. It also imposed a consecutive term of three years for the prior conviction pursuant to Health and Safety Code section 11370.2, subdivision (b).

Blanco argues the three-year enhancement under Health and Safety Code section 11370.2, subdivision (b), must be stricken, and the matter remanded for resentencing, because convictions under Health and Safety Code sections 11378 and 11379 are not crimes enumerated in that subdivision. The Attorney General concedes the enhancement must be stricken (pointing out the information should have alleged an enhancement under section 11370.2, subdivision (c)), but emphasizes, "it is clear that the trial court would not have imposed only the mid-term [sic] on the new conviction had it known the enhancement could not be applied." We agree the enhancement was improperly imposed and must be stricken. We also agree, based on our reading of the record, that the matter must be remanded for resentencing. (See, e.g., People v. Baylor (1989) 207 Cal.App.3d 232, 237.)

Accordingly, the judgment is affirmed; the sentence is stricken and the matter is remanded for resentencing only.


Summaries of

People v. Blanco

Court of Appeals of California, Fourth Appellate District, Division Three.
Nov 21, 2003
G032056 (Cal. Ct. App. Nov. 21, 2003)
Case details for

People v. Blanco

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. NELIDA BLANCO, Defendant and…

Court:Court of Appeals of California, Fourth Appellate District, Division Three.

Date published: Nov 21, 2003

Citations

G032056 (Cal. Ct. App. Nov. 21, 2003)