People v. Maestas10/8/2002
THE COURT
STATEMENT OF THE CASE
On August 31, 2001, the Kern County District Attorney filed an information in superior court charging appellant as follows:
Count I-possession of methamphetamine while armed with a loaded operable firearm (Health & Saf. Code, § 11370.1, subd. (a));
Count II-transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a)) while personally armed with a firearm during the commission of the offense (Pen. Code, § 12022, subd. (c)) and two prior narcotics possession offenses (Health & Saf. Code, § 11370.2, subd. (a));
Count III-possession of methamphetamine for sale (Health & Saf. Code, § 11378) while personally armed with a firearm during the commission of the offense (Pen. Code, § 12022, subd. (c)) and two prior narcotics possession offenses (Health & Saf. Code, § 11370.2, subd. (a));
Count IV-possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a));
Count V-possession of a firearm by an ex-felon (Pen. Code, § 12021, subd. (a)(1));
Count VI-carrying a loaded firearm in a public place (Pen. Code, § 12031, subd. (a)(2)(A);
Count VII-child endangerment (Pen. Code, § 273a, subd. (a));
Count VIII-misdemeanor possession of narcotics paraphernalia (Health & Saf. Code, § 11364);
Count IX-misdemeanor carrying of a concealed, unlicensed weapon in a vehicle (Pen. Code, § 12025. subd. (a));
Count X-misdemeanor driving of a vehicle with a license previously suspended for driving under the influence (Veh. Code, § 14601.2, subd. (a)) and with a prior such conviction (Veh. Code, § 14601.2, subd. (d)(2)).
As to Counts I-VII, the district attorney specially alleged appellant had served seven prior prison terms (Pen. Code, § 667.5, subd. (b)).
On September 4, 2001, appellant was arraigned, pleaded not guilty to the substantive counts, denied the special allegations, and demanded a trial by jury.
On October 19, 2001, the trial court amended Count II of the information by interlineation and struck a portion of the allegations relating to importation. The court also amended the special allegations under Count II by changing the reference from Health and Safety Code, section 11370.2, subdivision (a) to Health and Safety Code, section 11370.2, subdivision (c).
On the same date, appellant withdrew his not guilty pleas, pleaded nolo contendere to Counts II and VII, and admitted the Penal Code section 12022, subdivision (c) allegation and two Health and Safety Code section 11370.2, subdivision (c) allegations as to Count II. In exchange, the People agreed to dismissal of the remaining counts and allegations in the interests of justice. (Pen. Code, § 1385.)
On November 14, 2001, appellant filed a sentencing statement urging the trial court to uphold the negotiated sentence of a maximum of five years in state prison.
On November 19, 2001, the court conducted a sentencing hearing, denied appellant probation, and sentenced him to a total term of 11 years in state prison. The court imposed the lower term of two years on Count II, the middle term of four years on Count VII, a three-year term for each of the firearm enhancements as to Count II (Pen. Code, § 12022, subd. (c), Health & Saf. Code, § 11370.2, subd. (c)), and a three-year term for the firearm enhancement as to Count VII (Health & Saf. Code, § 11370.2, subd. (c)).
The court suspended the term imposed as to Count VII, ordered destruction of appellant's confiscated weapon, and suspended his driving privilege (Veh. Code, § 1320
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