Fear Not Law Articles: P. v. Fuentes

P. v. Fuentes

Filed 2/7/07 P. v. Fuentes CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

MICHAEL FUENTES, SR.,

Defendants and Appellants.

E038496

(Super.Ct.No. RIF112167)

OPINION

APPEAL from the Superior Court of Riverside County. Christian F. Thierbach, Judge. Affirmed as modified.

Anita P. Jog, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, and Rhonda Cartwright-Ladendorf, Supervising Deputy Attorney General, for Plaintiff and Respondent.

Police officers started to follow a car that defendant Michael Fuentes, Sr., was driving, because it had no front license plate. Defendant began acting nervous and evasive. Inside the car, the officers found methamphetamine and marijuana. Defendant took the stand and denied knowing that the drugs were there. One Gena Lara testified that she had left them in the car without defendant's knowledge. Another police officer, however, testified that he overheard defendant arranging with Lara to have her lie for him.

A jury found defendant guilty of transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a)), possession of methamphetamine for sale (Health & Saf. Code, § 11378) and possession of less than one ounce of marijuana (Health & Saf. Code, § 11357, subd. (b)). In a bifurcated proceeding, the jury also found true four nonviolent prior prison term enhancements (Pen. Code, § 667.5, subd. (b)) and two â€

Description	A jury found defendant guilty of transportation of methamphetamine (Health and Saf. Code, S 11379, subd. (a)), possession of methamphetamine for sale (Health and Saf. Code, S 11378) and possession of less than one ounce of marijuana (Health and Saf. Code, S 11357, subd. (b)). In a bifurcated proceeding, the jury also found true four nonviolent prior prison term enhancements (Pen. Code, S 667.5, subd. (b)) and two "strike" priors (Pen. Code, SS 667, subds. (b) (i), 1170.12). The trial court sentenced defendant to a total of 29 years to life in prison. Defendant contends the trial court erred by: 1. Failing to instruct on third party efforts to fabricate evidence. (E.g., CALJIC No. 2.05 [Efforts Other Than by Defendant to Fabricate Evidence].) 2. Failing to give a flight instruction. (E.g., CALJIC No. 2.52 [Flight After Crime].) 3. Failing to modify the standard instruction on a defendant's oral admissions. (CALJIC No. 2.71.) 4. Imposing a three-strikes sentence of 25 years to life, because this constituted cruel and unusual punishment. 5. Imposing multiple punishment for both possession of methamphetamine for sale and transportation of methamphetamine. The People concede that defendant could not be punished for both possession of methamphetamine for sale and transportation of methamphetamine. Court correct this error in our disposition. Otherwise, court find no prejudicial error. Hence, court affirm.
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