P. v. Castro
Filed 2/14/07 P. v. Castro CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
THE PEOPLE, Plaintiff and Respondent, v. ARTURO RAMOS CASTRO, Defendant and Appellant. | F049552 (Super. Ct. No. BF111240A) OPINION |
APPEAL from a judgment of the Superior Court of Kern County. Kenneth C. Twisselman II, Judge.
Russell S. Babcock, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Stanley Cross, Acting Assistant Attorney General, Louis M. Vasquez and Brian Alvarez, Deputy Attorneys General, for Plaintiff and Respondent.
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STATEMENT OF THE CASE
On August 29, 2005, the Kern County District Attorney filed an information in superior court charging appellant Arturo Ramos Castro, his brother Alfredo Castro (Alfredo), and one Alfredo Lepe (Lepe) with a variety of criminal offenses.[1] The district attorney charged appellant with the following offenses:
Counts I and III--conspiracy to sell methamphetamine (Pen. Code, § 182, subd. (a)(1); Health & Saf. Code, § 11379) with five overt acts as to count I and six overt acts as to count III; and
Counts II and IV--unlawful sale of methamphetamine (Health & Saf. Code, § 11379, subd. (a)).
On August 30, 2005, appellant was arraigned, pleaded not guilty to the charges, and demanded a jury trial.[2]
On November 9, 2005, jury trial commenced.
On November 16, 2005, both sides rested and the jury returned verdicts of guilty on counts I-IV and found the overt acts alleged in the conspiracy counts to be true.
On December 16, 2006, appellant filed a mitigating sentencing letter.
On December 19, 2005, the court conducted a sentencing hearing, denied appellant probation, and sentenced him to a total term of five years in state prison. The court imposed the upper term of four years on count II and a consecutive middle term of one year on count IV. The court stayed upper terms of imprisonment on counts I and III (Pen. Code, § 654). The court awarded 289 days of custody credits, imposed a $200 restitution fine (Pen. Code, § 1202.4, subd. (b)), imposed and suspended a second such fine pending successful completion of parole (Pen. Code, § 1202.45), and a $20 court security fee (Pen. Code, § 1465.8). The court ordered appellant to provide samples of bodily fluids and prints (Pen. Code, § 296) and to register as a narcotics offender (Health & Saf. Code, § 11590).
On January 9, 2006, appellant filed a timely notice of appeal.
STATEMENT OF FACTS
Introduction
Eduardo Chavez, a special agent with the United States Drug Enforcement Administration (DEA), testified his agency conducted a sting operation in March and April 2005. The operation used an undercover informant by the name of Edgar Javier Rios (Rios). Rios had a 1989 conviction for the sale of cocaine, approached the agency, and claimed appellant was involved in drug sales. Rios agreed to become an informant in exchange for monetary compensation. During the course of the agency's investigation, Rios earned $6,950 for his services. The agency agreed to pay him $12 per day plus mileage and expenses for his testimony at trial.
Facts Underlying Counts I and II (March 31 Incident)
In 2004-2005, appellant ran an automobile repair shop and Rios met him when he took his car for service. Rios had a conversation with appellant and the latter said he could obtain drugs for Rios and provided Rios with a telephone number. Rios in turn gave the information to Agent Chavez. On March 31, 2005, Rios called appellant and discussed the purchase of a quarter pound of methamphetamine for $2,400. Rios put on a â€
