P. v. Landecho
Filed 6/14/06 P. v. Landecho CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SIXTH APPELLATE DISTRICT
THE PEOPLE, H029323
Plaintiff and Respondent, (Santa Cruz County
Superior Court
v. No. F03395)
RICARDO MARTINEZ LANDECHO,
Defendant and Appellant.
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Defendant Ricardo Martinez Landecho pleaded guilty to the following: possession of methamphetamine for sale (Health & Saf. Code, § 11378 [count 1]); use of a minor in the commission of count 1 (Health & Saf. Code, § 11380 [count 3]); possession of cocaine for sale (Health & Saf. Code, § 11351 [count 4]); and use of a minor in commission of count 4 (Health & Saf. Code, § 11353 [count 6]). Defendant admitted allegations that the minor used as an agent in the commission of counts 3 and 6 was at least four years younger than defendant (Health & Saf. Code, §§ 11380.1, 11353.1, subd. (a)(3).) Defendant also admitted that he had suffered a prior strike conviction (Pen. Code, § 667, subds. (b)-(i)) and had served two prior prison terms (Pen. Code, § 667.5, subd. (b)). The trial court sentenced him to 15 years and 8 months in state prison. Following his appeal, this court reversed the judgment and remanded for resentencing. The trial court then imposed a prison term of 15 years. On appeal, defendant contends that the trial court erred by imposing the upper term on count 3 and that he was entitled to a jury trial on the prior conviction allegation. We find no error and affirm.
I. Statement of Facts[1]
The police conducted a parole search of defendant and found a pager and some cash. They then asked defendant's 13-year-old daughter to exit defendant's car so that they could search it. After she stepped out of the car, an officer noticed small chunks of cocaine and a small plastic bindle fall from her shirt. She also had several large bulges in her shirt. When an officer told her not to cover for her father, she stated, â€
