P. v. Ortega Mendez
Defendants Gregorio Ortega Mendoza, Pedro Morfin Alonso and Esteban Gaspar Hurtado were convicted after a jury trial of one count of transportation of methamphetamine (Health & Saf. Code, 11379, subd. (a) count one) and one count of possession of methamphetamine for sale ( 11378 count two). The jury also found true an enhancement allegation that the amount of methamphetamine exceeded one kilogram ( 11370.4, subd. (b)(1)). Defendant Gaspar Hurtado was also convicted of a second count of possession of methamphetamine for sale ( 11378 count three) and the jury found true an enhancement allegation as to him that the amount exceeded four kilograms ( 11370.4, subd. (b)(2)).
The court sentenced defendant Gaspar-Hurtado to nine years in state prison: the upper term of four years on count one, plus a consecutive term of five years for the one-kilogram enhancement ( 11370.4, subd. (b)(1)). Punishment for counts two and three were stayed.
Only the contentions that the trial court erred in imposing laboratory analysis and drug program fees on stayed counts and that, as to defendant Gaspar Hurtado, the trial court erred under Cunningham have merit. Court modify the judgments to remove the unwarranted fees and, as modified, affirm them, except as to defendant Gaspar Hurtados judgment, Court also remand for resentencing.
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