P. v. Hammond
Appellant, Robert Kirk Hammond, was charged in a criminal complaint with conspiracy (Pen. Code, 182, subdivision (a)(1))[1]to sell a controlled substance (Health & Saf. Code, 11379, subd. (a), count one), and sale of a controlled substance (Health & Saf. Code, 11379, subd. (a), count two). Count one alleged four overt acts in furtherance of the conspiracy. The complaint was deemed an information on April 24, 2006. On June 8, 2006, a jury found Hammond guilty of both counts. Hammond admitted violating his probation from a previous conviction for forgery.
The trial court sentenced Hammond to the midterm of two years on count two, stayed sentence on count one pursuant to section 654, and imposed a consecutive term of eight months for Hammonds earlier forgery conviction. The court imposed a restitution fine and granted Hammond applicable custody credits. On appeal, Hammond contends his conviction for conspiracy must be reversed because there was insufficient evidence he entered into an agreement to sell methamphetamine and the jury instructions reduced the prosecutions burden of proof.
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