People v. Little

Opinion

WUNDERLICH, J.

Appellant Adrian Little was charged by information with possession of cocaine base for sale within 1,000 feet of a school while personally armed with a firearm (Health & Saf. Code, §§ 11351.5, 11353.6,

[451]

subd. (b); Pen. Code, § 12022, subd. (c)

1

—count 1), and the following misdemeanors: giving a false name to a peace officer (§ 148.9—count 2), concealing a firearm in a vehicle (§ 12025, subd. (a)—count 3), carrying a loaded firearm (§ 12031, subd. (a)—count 4), and obstructing an officer (§ 148, subd. (a)—count 5.) The information also alleged appellant suffered various prior convictions. After his motions to dismiss (§ 995) and to suppress certain evidence (§ 1538.5) were denied, appellant entered a negotiated plea to counts 1, 2, and 5, and admitted the priors. Counts 3 and 4 were dismissed upon the prosecutor’s motion. Appellant was sentenced to 8 years in state prison with 289 days of presentence credits, consisting of 193 days’ credit for actual time served and 96 days of good conduct credits. He filed a timely notice of appeal. (See § 1237.5; Cal. Rules of Court, rule 31(d).)

Discussion

Appellant’s sole argument on appeal is that the abstract of judgment must be modified to correctly reflect an additional day of presentence custody credit and that his sentence was enhanced by three years pursuant to Health and Safety Code section 11370.2. Respondent concedes that appellant should be granted an additional day of custody credit. Respondent also concedes that the abstract of judgment incorrectly reflects that appellant received a three-year term for a Health and Safety Code section 11353.6, subdivision (b), enhancement instead of a three-year term for a Health and Safety Code section 11370.2 enhancement. The concessions are appropriate. Accordingly, we will order the abstract of judgment be corrected.

We continue in order to set forth an important point to the local bar. To paraphrase the court in

People

v.