P. v. Rodriguez
Filed 7/11/06 P. v. Rodriguez CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(Butte)
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| THE PEOPLE, Plaintiff and Respondent, v. FRANCISCO MORALES RODRIGUEZ, Defendant and Appellant. | C050836
(Super. Ct. No. CM023455)
|
Defendant Francisco Morales Rodriguez pled no contest to selling methamphetamine (Health & Saf. Code, § 11379, subd. (a)) and possession of methamphetamine for sale (Health & Saf. Code, § 11378). He was sentenced to the upper term of four years on the sale count and a consecutive eight-month sentence for the possession count. The court also imposed a number of fines and fees including $300 in drug program fees (Health & Saf. Code, § 11372.7, subd. (a)).
On appeal, defendant contends the imposition of the upper term and consecutive terms violates the principles of Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403] (Blakely). He also claims the drug program fee was improperly imposed because the sentencing court made no finding regarding defendant's ability to pay. We reject defendant's contentions and affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
On June 14, 2005, an undercover Butte Interagency Narcotics Task Force agent purchased 5.4 grams of methamphetamine from defendant and codefendant Lowell Robert Magoon III. On August 2, 2005, the agent contacted defendant and Magoon at Magoon's residence and purchased two ounces of methamphetamine for $1,600. Defendant and Magoon were arrested a short time later, and a search of defendant's house netted 546 grams of methamphetamine, $3,539 in cash, and a box of .357-caliber ammunition. A search of defendant's Lincoln Town Car recovered a loaded .357-caliber handgun.
Defendant was charged with two counts of sale of methamphetamine (Health & Saf. Code, § 11379, subd. (a)) and two counts of possession of methamphetamine for sale. He pled no contest to one sale count and one possession count, with the other counts dismissed under the plea agreement.
The trial court sentenced defendant to the upper term of four years for the sale count, and a consecutive eight months for the possession offense. The court found as aggravating factors supporting an upper term: â€
