P. v. Fuentes
A jury found defendant guilty of transportation of methamphetamine (Health and Saf. Code, S 11379, subd. (a)), possession of methamphetamine for sale (Health and Saf. Code, S 11378) and possession of less than one ounce of marijuana (Health and Saf. Code, S 11357, subd. (b)). In a bifurcated proceeding, the jury also found true four nonviolent prior prison term enhancements (Pen. Code, S 667.5, subd. (b)) and two "strike" priors (Pen. Code, SS 667, subds. (b) (i), 1170.12). The trial court sentenced defendant to a total of 29 years to life in prison.
Defendant contends the trial court erred by:
1. Failing to instruct on third party efforts to fabricate evidence. (E.g., CALJIC No. 2.05 [Efforts Other Than by Defendant to Fabricate Evidence].)
2. Failing to give a flight instruction. (E.g., CALJIC No. 2.52 [Flight After Crime].)
3. Failing to modify the standard instruction on a defendant's oral admissions. (CALJIC No. 2.71.)
4. Imposing a three-strikes sentence of 25 years to life, because this constituted cruel and unusual punishment.
5. Imposing multiple punishment for both possession of methamphetamine for sale and transportation of methamphetamine.
The People concede that defendant could not be punished for both possession of methamphetamine for sale and transportation of methamphetamine. Court correct this error in our disposition. Otherwise, court find no prejudicial error. Hence, court affirm.
Comments on P. v. Fuentes