People v. Madrigal

Opinion

SONENSHINE, J.

Joel Madrigal contends he was unlawfully sentenced after his probation was revoked. We disagree and affirm the judgment.

I

On March 21,1995, Madrigal pleaded guilty to transporting (counts 1 and 2) and possessing for sale (counts 3 and 4) heroin and cocaine. He also admitted soliciting a minor to participate in the transaction (count 5) and a

[402]

school-zone enhancement (Health & Saf. Code,

1

§ 11353.6, subd. (b)). The court suspended imposition of sentence and placed Madrigal on three years probation.

On July 24, 1995, Madrigal admitted violating probation. The court revoked and reinstated his probation on condition he spend 90 days in jail.

On September 5, 1995, the day he was released from jail, Madrigal allegedly sold narcotics to an undercover police officer. Although a jury deadlocked on the charge, the court found there was sufficient evidence to find Madrigal in violation of his probation. Thereupon, the court sentenced him to ten years in prison, consisting of four years on count 1, two years on count 5 and four years for the school-zone enhancement. Sentencing on the remaining counts was stayed.

II

Madrigal contends imposition of the school-zone enhancement violated Penal Code section 1170.1, which, subject to certain exceptions, limits the term of imprisonment to twice the base term. If that limitation applies, Madrigal’s maximum allowable sentence would be eight years, double the four-year base term. We find the limitation inapplicable.

Penal Code section 1170.1, subdivision (g)(1) provides in pertinent part, “The term of imprisonment shall not exceed twice the number of years imposed by the trial court as the base term . . . , unless ... an enhancement is imposed pursuant to subdivision (c) of Section 186.10 or Section 667, 667.15, 667.5, 667.8, 667.83, 667.85, 12022, 12022.2, 12022.4, 12022.5, 12022.55, 12022.6, 12022.7, 12022.75, or 12022.9 of this code, or an enhancement is being imposed pursuant to Section 11370.2, 11370.4, or 11379.8 of the Health and Safety Code[.]”