P. v. Castro
On August 29, 2005, the Kern County District Attorney filed an information in superior court charging appellant Arturo Ramos Castro, his brother Alfredo Castro (Alfredo), and one Alfredo Lepe (Lepe) with a variety of criminal offenses. The district attorney charged appellant with the following offenses:
Counts I and III conspiracy to sell methamphetamine (Pen. Code, S 182, subd. (a)(1); Health and Saf. Code, S 11379) with five overt acts as to count I and six overt acts as to count III; and counts II and IV unlawful sale of amphetamine (Health and Saf. Code, S 11379, subd. (a)).
On August 30, 2005, appellant was arraigned, pleaded not guilty to the charges, and demanded a jury trial.
On November 9, 2005, jury trial commenced.
On November 16, 2005, both sides rested and the jury returned verdicts of guilty on counts I-IV and found the overt acts alleged in the conspiracy counts to be true.
On December 16, 2006, appellant filed a mitigating sentencing letter.
On December 19, 2005, the court conducted a sentencing hearing, denied appellant probation, and sentenced him to a total term of five years in state prison. The court imposed the upper term of four years on count II and a consecutive middle term of one year on count IV. The court stayed upper terms of imprisonment on counts I and III (Pen. Code, S 654). The court awarded 289 days of custody credits, imposed a $200 restitution fine (Pen. Code, S 1202.4, subd. (b)), imposed and suspended a second such fine pending successful completion of parole (Pen. Code, S 1202.45), and a $20 court security fee (Pen. Code, S 1465.8). The court ordered appellant to provide samples of bodily fluids and prints (Pen. Code, S 296) and to register as a narcotics offender (Health and Saf. Code, S 11590).
On January 9, 2006, appellant filed a timely notice of appeal.
The judgment is affirmed.
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