v.LAVEITIGAOTUMUA LAUFASA
Filed 9/9/10
IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST
APPELLATE DISTRICT
DIVISION
FOUR
THE PEOPLE,
Plaintiff and Respondent,
v.
LAVEITIGAOTUMUA
LAUFASA,
Defendant and Appellant.
A127159
(Alameda
County
Super. Ct.
No. C161752)
Defendant
was convicted of two drug offenses after he was caught at Oakland
International Airport
concealing methamphetamine. He contends
that the trial court lacked the authority to order him not to enter the country
illegally if he is ever deported. We
affirm.
I.
Factual and Procedural
Background
Defendant was arrested on August 11, 2009, after a
patsearch at Oakland International
Airport revealed that he was
carrying 900 grams (about two pounds) of crystal methamphetamine hidden in
pockets of spandex shorts under his clothing.
Defendant was charged with one felony count of possession of methamphetamine for sale
(Health & Saf. Code, § 11378--count 1), with an enhancement for
possessing for sale more than 57 grams of the substance (Pen. Code,
§ 1203.073, subd. (b)(2)), and one felony count of transportation of
methamphetamine for sale (Health & Saf. Code, § 11379, subd. (a)--count 2). The information further alleged a prior
strike (Pen. Code, §§ 667, subd. (e)(1), 1170.12,
subd. (c)(1)). A jury convicted
defendant of both counts and found the enhancement true, and defendant admitted
the prior strike in a bifurcated proceeding.
The
probation department reported that defendant was not a United
States citizen, and that United States Immigration and Customs Enforcement
had been notified of that fact on December 10,
2009. The probation
department recommended that the court order that if defendant was deported,
that he not return to the United States
illegally.
After
it first denied defendant's motion to dismiss his prior strike (
13 Cal.4th 497), the trial court sentenced defendant to the upper term of four
years on the transportation count, doubled because of the strike, for a total
of eight years in prison.[1] At the sentencing hearing, the trial court
also ordered â€
| Description | Defendant was arrested on August 11, 2009, after a patsearch at Oakland International Airport revealed that he was carrying 900 grams (about two pounds) of crystal methamphetamine hidden in pockets of spandex shorts under his clothing. Defendant was charged with one felony count of possession of methamphetamine for sale (Health & Saf. Code, § 11378--count 1), with an enhancement for possessing for sale more than 57 grams of the substance (Pen. Code, § 1203.073, subd. (b)(2)), and one felony count of transportation of methamphetamine for sale (Health & Saf. Code, § 11379, subd. (a)--count 2). The information further alleged a prior strike (Pen. Code, §§ 667, subd. (e)(1), 1170.12, subd. (c)(1)). A jury convicted defendant of both counts and found the enhancement true, and defendant admitted the prior strike in a bifurcated proceeding. The probation department reported that defendant was not a United States citizen, and that United States Immigration and Customs Enforcement had been notified of that fact on December 10, 2009. The probation department recommended that the court order that if defendant was deported, that he not return to the United States illegally. After it first denied defendant's motion to dismiss his prior strike (People v. Superior Court (Romero) (1996) 13 Cal.4th 497), the trial court sentenced defendant to the upper term of four years on the transportation count, doubled because of the strike, for a total of eight years in prison.[1] At the sentencing hearing, the trial court also ordered †|
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