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Name: People v. Newton
Case #: B216215
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 10/18/2010
Summary

The Health and Safety Code section 11370.2, subdivision (a) enhancement for a prior drug offense conviction applies whether or not the prior conviction resulted in a term of imprisonment. A jury found appellant guilty of sale of a controlled substance. In a separate hearing, the court found true two enhancements for prior drug convictions (Health & Saf. Code, sec. 11370.2, subd. (a)), and imposed two separate three-year prison terms. On appeal, appellant argued that the court erred because punishment for one of the prior convictions had been stayed pursuant to Penal Code section 654. The appellate court disagreed. The language of section 11370.2, subdivision (a) says that the penalty applies, “whether or not the prior conviction resulted in a term of imprisonment.” This provides an exception to Penal Code section 654.