Case Name: People v. Beard , District: 3 DCA , Case #:
C066320
Opinion Date: 7/13/2012
, DAR #: 9629
Case Holding:
A Health and Safety
Code section 11370.2 enhancement for a prior drug conviction is not subject to the one-third limit of Penal Code
section 1170.1. Appellant was convicted
of several offenses and sentenced to an aggregate term of 22 years in state prison. The term included a drug
offense plus an enhancement pursuant to
Health and Safety Code section 11370.2. The consecutive penalty for the
drug offense was calculated at
one-third the middle term pursuant to Penal Code section 1170.1, subdivision (a), with the
drug enhancement imposed to run
full-term consecutive, for an additional three years. Affirmed. Health
and Safety Code section 11370.2 is a
status enhancement related to the offender, as
compared to an enhancement related to the manner of the commission of
the crime. The latter falls within the
provisions of section 1170.1, subdivision (a), such that a consecutive sentence will be
calculated at one-third. The status
enhancement, on the other hand, does not fall within section 1170.1 and
a consecutive sentence will be
full-term.
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