People v. Cruz CA4/2

BACKGROUND AND OUR REVIEW

In September 2020, a felony complaint in case No. SWF2007520 alleged

defendant committed possession-for-sale offenses involving heroin (count 1, Health &

Saf. Code, § 11351) and methamphetamine (count 2, Health & Saf. Code, § 11378), both

while armed with a shotgun (Pen. Code, § 12022, subd. (c)). Less than a year later, in

February 2021, an additional three-count felony complaint in case No. SWF2100159

alleged violations for possession for sale of a controlled substance (Alprazolam);

possession of drug paraphernalia; and possession of methamphetamine. (Health & Saf.

Code, §§ 1137, subd. (b)(1); 11364, subd. (a); 11377, subd. (a).) The latter complaint

included an allegation that defendant committed the offenses while released on bail.

(Pen. Code, § 12022.1.)

Defendant negotiated a plea and, on July 20, 2022, pled guilty to the first count in

each complaint and admitted the respective allegations as to those counts, with the

remaining charges dismissed in both cases. Pursuant to his plea, defendant obtained a

1 Anders v. California (1967) 386 U.S. 738; People v. Wende (1979) 25 Cal.3d 436.

2 combined suspended sentence of five years eight…