People v. Smith CA3

Filed 10/23/13 P. v. Smith CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(San Joaquin) ----

THE PEOPLE, C072890

Plaintiff and Respondent, (Super. Ct. No. SF121050A)

v.

JOSEPH LEE SMITH,

Defendant and Appellant.

An information charged defendant Joseph Lee Smith with possession for sale of a controlled substance in violation of section 11378 of the Health and Safety Code, with the special allegation that he had been armed with a firearm during the commission of a narcotics felony in violation of Penal Code section 12022, subdivision (c) (count one).1 The information also alleged that defendant had previously committed two strikes, as described in sections 667, subdivision (d) and 1170.12, subdivision (b). The…