State v. Martin Edmo Ish

AMENDED OPINION

THE COURT’S PRIOR UNPUBLISHED OPINION DATED MARCH 28, 2014, IS HEREBY AMENDED FOR THE PURPOSE OF PUBLICATION

GUTIERREZ, Chief Judge.

Martin Edmo Ish appeals from his judgment of conviction and sentence for possession of a controlled substance with a sentencing enhancement for being a persistent violator. For the reasons set forth below, we vacate the judgment of conviction in part as to the persistent violator enhancement and Ish’s sentence and remand the case for a new sentencing hearing.

I

FACTS AND PROCEDURE

After Ish was found with a straw containing methamphetamine residue, he…