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People v. Keith

California Court of Appeals, Second District, Fifth Division

April 6, 2015

THE PEOPLE, Plaintiff and Respondent,
v.
MARK DWAYNE KEITH et al., Defendants and Appellants.

[CERTIFIED FOR PARTIAL PUBLICATION[*]]

[As modified Apr. 15, 2015.]

APPEALS from judgments of the Superior Court of Los Angeles County, No. BA409380 Barbara R. Johnson, Judge.

Page 984

COUNSEL

Jasmine Patel and Athena Shudde, under appointments by the Court of Appeal, for Defendants and Appellants.

Kamala D. Harris, Attorney General, and Tannaz Kouhpainezhad, Deputy Attorney General, for Plaintiff and Respondent.

OPINION

TURNER, P. J.

I. INTRODUCTION

A jury convicted co-defendants, Mark Dwayne Keith and Eric Edell Stokes, of cocaine base possession for sale and cocaine base transportation or sale respectively. (Health & Saf. Code, § 11351.5, § 11352, subd. (a).) They committed these crimes on March 24, 2013. Mr. Keith was sentenced to eight years in the county jail—the high term of five years for possession of cocaine base for sale, plus three years under Health and Safety Code section 11370.2, subdivision (a). Mr. Stokes had previously sustained a prior serious or violent felony conviction. (Pen. Code, §§ 667, subds. (b)-(i), 1170.12.) Mr. Stokes was sentenced to 12 years in state prison. As to Mr. Keith, we affirm the

Page 985

judgment of conviction but reverse the sentence. Upon remittitur issuance, Mr. Keith is to be resentenced. As to Mr. Stokes, we affirm the judgment but direct the abstract of judgment be amended.

II. DISCUSSION


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