People v. Altobell CA3

BACKGROUND

Defendant was driving a vehicle when he was stopped by law enforcement. Officers searched the vehicle and found a loaded .25-caliber handgun, approximately 92 grams of fentanyl, a digital scale, and plastic baggies. A felony complaint deemed an information charged defendant with possession of fentanyl for sale (Health & Saf. Code, § 11351; count one), possession of methamphetamine for sale (Health & Saf. Code, § 11378; count two), possession of methamphetamine and fentanyl while armed with a loaded, operable firearm (Health & Saf. Code, § 11370.1, subd. (a); count three), possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1); count four), and driving a vehicle without a valid driver’s license (Veh. Code, § 12500, subd. (a); count five). The information alleged that defendant was personally armed with a firearm in the commission of counts one and two. (Pen. Code, § 12022, subd. (c).) The information also alleged defendant had two prior serious felony convictions, and therefore came within the provisions of the Three Strikes law. (Pen. Code, §§ 667, subd. (b)-(i), 1170.12.) Defendant accepted the prosecution’s plea offer and pleaded no contest to counts…