APPEAL from the Superior Court of San Bernardino County. Christopher B. Marshall, Judge. (Super.Ct.Nos. FWV900326 & FWV901833)
The opinion of the court was delivered by: McKinster Acting P.J.
CERTIFIED FOR PARTIAL PUBLICATION*fn1
Affirmed in part; reversed in part with directions.
Defendant Jean Marie Edwards appeals the sentence imposed following her plea of no contest in two cases. She contends that the trial court erred in imposing sentence enhancements more than once. She also contends that an amendment to Penal Code section 4019, which would result in additional credit for time served before sentencing, should apply retroactively.
We conclude that the trial court erred with respect to the imposition of sentence enhancements pursuant to Health and Safety Code section 11370.2 and Penal Code section 667.5. We will remand both cases for resentencing, but will otherwise affirm the judgments.*fn2
In a second amended information filed on September 1, 2009, defendant was charged with evading a police officer (Veh. Code, § 2800.2, subd. (a), count 1); transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a), count 2); possession for sale of methamphetamine (Health & Saf. Code, § 11378, count 3); transportation of heroin (Health & Saf. Code, § 11352, subd. (a), count 4); and transportation of cocaine (Health & Saf. Code, § 11352, subd. (a), count 5). The information also alleged that defendant had served three prior prison terms. (Pen. Code, § 667.5, subd. (b).) As to counts 2 and 3, it alleged that defendant had three prior drug convictions within the meaning of Health and Safety Code section 11370.2, subdivision (c). As to counts 4 and 5, it alleged that defendant had three prior drug convictions within the meaning of Health and Safety Code section 11370.2, subdivision (a).
On September 1, 2009, in an open plea agreement, defendant entered a plea of no contest to all counts and allegations. The court advised her that her maximum exposure was 47 years eight months to life.
On November 20, 2009, defendant was sentenced to a total prison term of 17 years eight months. The court selected count 4, transportation of heroin, as the principal count, and imposed the upper term of five years, plus nine years for the three prior drug conviction enhancements alleged with respect to count 4. The court imposed a consecutive term of eight months on count 1. On counts 2, 3, and 5, the court imposed concurrent terms plus nine years for the prior drug conviction enhancements on each count but stayed the entire term on each of those counts pursuant to Penal Code section 654. Finally, the court imposed three years for the three prior prison term enhancements.*fn4
On July 17, 2009, defendant was charged by felony complaint with possession of methamphetamine in a jail facility. (Pen. Code, § 4573.6.) The complaint also alleged that defendant had served three prior prison terms. (Pen. Code, § 667.5, subd. (b).)
On July 23, 2009, defendant pleaded not guilty. On August 28, 2009, she waived her right to a preliminary hearing, and the case was set to trail case No. FWV900326.
On September 1, 2009, defendant changed her plea to no contest and was advised that her maximum exposure was seven years.
On November 20, 2009, defendant was sentenced to one year (one-third the midterm of three years) for the offense, to run consecutive to the sentence imposed in case No. FWV900326, and to a consecutive term of one ...