P. v. Alvarado
A jury convicted defendant Angela Alvarado of conspiracy to manufacture methamphetamine (Pen. Code, 182, subd. (a)(1) count one) and manufacture of methamphetamine (Health & Saf. Code, 11379.6, subd. (a) count three). On each count, the jury found true an allegation that the substance containing methamphetamine exceeded 25 gallons of liquid. (Health & Saf. Code, 11379.8, subd. (a)(3).) In November 2003, defendant was sentenced to state prison for two concurrent terms of 13 years, consisting of the low terms of three years for each offense plus 10 years for each volume enhancement.
On appeal, defendant contends the trial court erred by (1) failing to obtain an updated probation report; (2) refusing to calculate her credits for the period between the two sentencing hearings; and (3) failing to strike the drug volume enhancement on the ground of disproportionate punishment. Court modify the judgment.
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