P. v. Martinez
Defendant appeals the judgment entered after a jury convicted him of possessing methamphetamine for sale (Health Saf. Code, 11378) and possession of a smoking device ( 11364). Martinez admitted that he was out on bail in another case at the time of the offenses. (Pen. Code, 12022.1.) He was originally sentenced to three years four months in state prison, consisting of sixteen months on the methamphetamine possession count and a consecutive two-year term for the section 12022.1, subdivision (b) enhancement. The trial court subsequently stayed the section 12022.1, subdivision (b) enhancement. Martinez contends the prosecutor presented incorrect legal theories to the jury during closing argument and that the evidence is insufficient to support the jury's finding that he intended to sell the methamphetamine found in his possession. Court affirm.
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