Vergara

People v. Vergara

Caution
1991 Cal. App. LEXIS 595·230 Cal. App. 3d 1564·282 Cal. Rptr. 90·91 Daily Journal DAR 6683·91 Cal. Daily Op. Serv. 4361
Court of Appeal of CaliforniaJune 6, 1991B046052California1,245 words

Opinion

Opinion

Nott, J.

The People appeal the pleas and sentences of defendants Julio Alberto Vergara, Jaime Pena, Rodrigo Torres, and Martin Sanchez. The appeal is based on the contentions that the trial court entered into an impermissible plea bargain and also improperly stayed imposition of the Health and Safety Code section 11370.4, subdivision (a)(4) enhancements. The convictions are affirmed. The order staying the enhancements is reversed with directions.

Facts

After surveillance of the defendants, the Los Angeles Police Department recovered 25 kilograms of cocaine. Based on that recovery, a search warrant was obtained for nine locations. The officers seized over 91 kilograms of cocaine, almost 3 kilograms of heroin, 4 grenade launchers, 4 grenades, 2 automatic rifles, 2 silencers, approximately 500 rounds of ammunition, and $12,000 in cash.

Each defendant was charged as follows:

Count 1 Health and Safety Code section 11352 (sale of cocaine);

Count 2 Health and Safety Code section 11351 (possession of cocaine for sale);

Count 3 Health and Safety Code section 11351 (possession of heroin for sale);

Count 4 Penal Code section 12303 (possession of a destructive device—40mm…

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