P. v. Klett
Martin Klett was sentenced to five years and eight months in state prison based on three offenses, all involving methamphetamine. (See Health & Saf. Code, 11378 [possession for sale] & 11379, subd. (a) [transportation].) Count 1 alleged possession of methamphetamine for sale on January 18, 2005. Count 2 alleged transportation of methamphetamine on January 18, 2005. Count 3 alleged possession of methamphetamine for sale on November 17, 2004. The sentence consisted of a middle term of three years for the January transportation count, augmented with another two years because the crime was committed when Klett was out on bail for the November crime, plus one-third of the middle term for the November possession count. On appeal, Klett raises three attacks on the judgment:
-- (1) A suppression motion based on a failure to give a Miranda warning involving events leading to the November arrest (count 3) should have been granted.
-- (2) There was insufficient evidence to sustain either possession for sale or transportation (counts 1 and 2) for the January arrest.
-- (3) As regards the January arrest for transportation (2), the jury should have been instructed sua sponte specifically that it had to find that Klett was transporting a usable quantity of methamphetamine. (The jury did receive an instruction that it needed to find that Klett possessed an amount sufficient to be used as a controlled substance.)
Court affirm.
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