The People v. Pompey CA6

Facts and Proceedings Below On June 25, 2009, the Santa Clara County District Attorney filed a grand jury indictment in case number 211412. The indictment charged defendant along with numerous other defendants with a total of 29 counts relating to a conspiracy to sell cocaine. Specifically as to defendant he was charged with conspiracy to commit a crime, to wit sell cocaine (Pen. Code, § 182, subd. (a)(1), Health & Saf. Code, § 11352, count nine) one count of possession of over $100,000 for purchase of a controlled substance (Health & Saf. Code, § 11370.6, count 26) and one count of possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1), count 27). In the indictment it was alleged that the narcotics involved in the conspiracy to sell cocaine exceeded 80 kilograms, and 40 kilograms in weight and that defendant was substantially involved in the planning, direction, execution and financing of the offense, and that defendant had a prior narcotics conviction. According to the grand jury indictment, on March 4, 2009, Jose Vargas-Alvarez possessed 135 kilograms of cocaine at a location in Southern California. Defendant admitted that between December 2, 2008 and March 18,…