P. v. Winders
While investigating a vehicle burglary, officers approached and searched defendant Adam Aron Winders. Officers recovered a shot glass and a baggie, both containing methamphetamine, from defendants pocket. In another incident, officers pulled defendant over for driving a car without a rear license plate. A search of the vehicle unearthed a shotgun, ammunition, and a cache of various drugs. In yet a third incident, officers arrested defendant for failure to appear in court and discovered more drugs and drug paraphernalia.
An information charged defendant with possession of methamphetamine for sale stemming from the first incident. (Health & Saf. Code, 11378.) A second information charged defendant with unlawful taking of an automobile, possession of a firearm by a felon, and various drug offenses. (Veh. Code, 10851, subd. (a); Pen. Code, 12021, subd. (a)(1); Health & Saf. Code, 11350, subd. (a); Bus. & Prof. Code, 4140.) In a third information, defendant was charged with possession of methamphetamine and failure to appear while on bail. (Health & Saf. Code, 11377, subd. (a); Pen. Code, 1320.5.) All three informations alleged defendant had served one prior prison term within the meaning of Penal Code section 667.5, subdivision (b).
Defendant entered no contest pleas to three felony charges, and the trial court dismissed the remaining counts. The court sentenced defendant to four years four months in state prison. Defendant appeals, contending the courts sentence violates his Sixth Amendment right to a jury trial. The Attorney General urges us to dismiss the appeal, asserting defendant cannot challenge the constitutionality of his sentence without first obtaining a certificate of probable cause. Court consider the appeal and affirm the judgment.
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