P. v. Montenegro CA5
A jury convicted appellant Luis Montenegro III of attempted possession of a controlled substance (Pen. Code, § 664; Health & Saf. Code, § 11377/count 1), a lesser included offense of the possession for sale of methamphetamine charged in count 1, active participation in a street gang (§ 186.22, subd. (a)/count 3), possession for sale of methamphetamine (Health & Saf. Code, § 11378/count 4), and resisting arrest (§ 148, subd. (a)(1)/count 10). The jury also found true a gang enhancement in count 4
(§ 186.22, subd. (b)). In a separate proceeding, the court found true several prior prison term enhancements (§ 667.5, subd. (b)), a serious felony enhancement (§ 667, subd. (a)), two prior conviction enhancements (Health & Saf. Code, § 11370.2, subd. (c)), and allegations that Montenegro had a prior conviction within the meaning of the “Three Strikes” law (§ 667, subds. (b)-(i)).
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