People v. Tenorio

Opinion

PETERS, J.

Defendant was convicted of possession of marijuana in violation of section 11530 of the Health and Safety Code. He admitted an eight-year-old prior conviction of possession of marijuana. Section 11530 provides no minimum term in the absence of a prior, but imposes manda tory minimum terms of two and five years for convictions with one and two or more priors, respectively. The respective maximum terms are 10 years, 20 years, and life.

The trial court dismissed the allegation of a prior conviction without the prior approval of the prosecutor, in direct violation of Health and…