P. v. Munoz
A jury found defendant guilty of transportation of a controlled substance (Health & Saf. Code, 11352, subd. (a)) (count 1) and possession of a controlled substance (Health & Saf. Code, 11350, subd. (a)) (count 3). Defendant thereafter admitted that he had previously been convicted of a prior drug-related offense within the meaning of Health and Safety Code section 11370.2, subdivision (a). Defendant was sentenced to a total term of seven years in state prison as follows: the middle term of four years on count 1, plus a consecutive three-year term for the prior drug conviction allegation, and a concurrent term of two years on count 3. On appeal, defendant contends (1) the trial court erred in denying his suppression motion; (2) the trial court erred in denying Proposition 36 (Pen. Code, 1210 et seq.) treatment and making a factual finding that the heroin found on his possession was being transported for purpose of sale; and (3) his sentence on count 3 should have been stayed pursuant to section 654. Court agree with the parties that defendants sentence on count 3 should have been stayed but reject defendants remaining contentions. Court agree with the parties that defendants sentence on count 3 should have been stayed but reject defendants remaining contentions.
Comments on P. v. Munoz