P. v. Chavez
A jury convicted appellant of conspiracy to commit the crime of possession of methamphetamine for sale, possession of methamphetamine for sale, and sale of methamphetamine. (Pen. Code, 182, Health & Saf. Code, 11378, 11379.) The jury made a special finding that the object of the conspiracy was to furnish methamphetamine to Steve Rochester. The parties stipulated that, for purposes of a weight enhancement, the amount of methamphetamine involved exceeded one kilo. (Health & Saf. Code, 11370.4, subd. (b)(1).) Following a court trial, the court found true allegations that appellant had two prison prior convictions and three prior narcotics convictions. (Pen. Code, 667.5, Health & Saf. Code, 11370.2, subd. (c).) The court found not true allegations that appellant had two prior serious or violent felonies. (Pen. Code, 667, subds. (b)-(i).) The court sentenced appellant to a state prison term of 11 years, eight months.
Appellant contends that the trial court erred in imposing a consecutive sentence for the conspiracy count, in imposing a concurrent sentence, rather than a stayed sentence, on the possession for sale count, and in calculating the restitution fine. Court modify the judgment.
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