California Court of Appeal

A conviction for charges related to possession and sale of methamphetamine, possession of marijuana, being a felon in possession of ammunition, and possession of drug paraphernalia, is affirmed over claims that: 1) the court erred in denying defendant's motion for acquittal with respect to one count; 2) the court gave an erroneous instruction that omitted an element of a count; and 3) the concurrent sentence imposed for a count should be stayed pursuant to Penal Code section 654. An enhancement of one year to defendant's sentence for one count is stricken where the court erred in imposing two one-year enhancements for a single prior prison term.

Appellate Information

• Decided 07/21/2008
• Published 07/21/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Terry R. Kolkey, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez and Lewis A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent.