People v. Fernandez CA4/2

INTRODUCTION

Defendant and appellant Jesus Fernandez appeals the judgment, after a jury

convicted him of bringing a controlled substance into a jail. (Pen. Code1, § 4573.) We

affirm.

PROCEDURAL BACKGROUND

Defendant was charged by information with arson of a structure or forest land

(§ 451, subd. (c), count 1), arson of property (§ 451, subd. (d), count 2), and bringing a

controlled substance into a jail (§ 4573, count 3). The information also alleged that

defendant had one prior strike conviction (§§ 1170.12, subds. (a)-(d) & 667, subds. (b)-

(i)) and various aggravating factors (§ 1170, subd. (b)(2); Cal. Rules of Court,

rule 4.421).

Prior to trial, the prosecutor asked the court to dismiss counts 1 and 2, stating that

the prosecution would only be moving forward with count 3. The court accordingly

dismissed counts 1 and 2.

The case was tried before a jury. After the People rested at trial, defendant moved

for an acquittal due to insufficient evidence of there being a usable amount of

methamphetamine, pursuant to section 1118.1. The court denied the motion, noting two

witnesses testified at trial regarding the amount being usable.

1 All further statutory…