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The People v. Crissy Lee Wright

May 12, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
CRISSY LEE WRIGHT, DEFENDANT AND APPELLANT.



(Super. Ct. Nos. 10F37, 10F4732)

The opinion of the court was delivered by: Murray, J.

P. v. Wright

CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

On February 6, 2010, in case No. 10F37, an information was filed charging defendant Crissy Lee Wright with the following offenses: possession for sale of a controlled substance (methamphetamine) (count 1; Health & Saf. Code, § 11378); possession for sale of a controlled substance (MDMA) (count 2; Health & Saf. Code, § 11378); possession for sale of a controlled substance (cocaine) (count 3; Health & Saf. Code, § 11351); possession for sale of a controlled substance (hydrocodone) (count 4; Health & Saf. Code, § 11351); possession of marijuana for sale (count 5; Health & Saf. Code, § 11359); maintaining a place for selling or using controlled substances (methamphetamine, MDMA, cocaine, hydrocodone) (count 6; Health & Saf. Code, § 11366); and possession of an injecting or smoking device, a misdemeanor (count 7; Health & Saf. Code, § 11364). As to counts 1 and 2, it was alleged that defendant had three prior convictions within the meaning of Health and Safety Code section 11370.2, subdivision (c). As to counts 3 and 4, it was alleged that defendant had three prior convictions within the meaning of Health and Safety Code section 11370.2, subdivision (a). As to counts 1 through 6, it was alleged that defendant had served three prior prison terms. (Pen. Code, § 667.5, subd. (b).) As to count 1, it was also alleged that defendant possessed for sale and sold a substance that contained 28.5 grams or more of methamphetamine or 57 grams or more of a substance that contained methamphetamine. (Pen. Code, § 1203.073, subd. (b)(2).)

On July 14, 2010, in case No. 10F4732, a complaint deemed an information was filed charging defendant with the following offenses: possession for sale of a controlled substance (methamphetamine) (count 1; Health & Saf. Code, § 11378) and possession of an injecting or smoking device, a misdemeanor (count 2; Health & Saf. Code, § 11364). As to count 1, it was alleged that defendant had three prior narcotics convictions (Health & Saf. Code, § 11370.2, subd. (c)), had served two prior prison terms (Pen. Code, § 667.5, subd. (b)), and had committed the offenses while on bail or own-recognizance release in case No. 10F37 (Pen. Code, § 12022.1).

On September 10, 2010, defendant pled guilty in case No. 10F37 to counts 1, 3, and 5, and admitted one enhancement under Health and Safety Code section 11370.2, subdivision (c) as to count 1 and one enhancement under Health and Safety Code section 11370.2, subdivision (a) as to count 3; in case No. 10F4732, defendant pled guilty to count 1. In return, it was agreed that the remainder of the charges and allegations in the two cases would be dismissed and defendant would receive a stipulated prison term of 12 years.

The factual basis for defendant's plea, as derived from the police reports, was that defendant possessed methamphetamine, cocaine, and marijuana for sale on December 31, 2009 (case No. 10F37), possessed methamphetamine for sale on June 29, 2010 (case No. 10F4732), had previously been convicted of transportation of a controlled substance on June 29, 2004, and of possession for sale of a controlled substance on February 28, 2007.

State Prison Sentences

On October 6, 2010, the trial court sentenced defendant to the stipulated 12-year state prison term, calculated as follows:

Case No. 10F37

Count 3: four years, plus three years consecutive for the enhancement under Health and Safety Code section 11370.2, subdivision (a).

Count 1: eight months consecutive, plus three years for the enhancement under Health and Safety Code ...


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