Villanueva

People v. Villanueva

Good Law
1991 Cal. App. LEXIS 594·230 Cal. App. 3d 1157·281 Cal. Rptr. 688·91 Daily Journal DAR 6527·91 Cal. Daily Op. Serv. 4131
Court of Appeal of CaliforniaMay 30, 1991E008228California1,713 words

Opinion

Opinion

Timglin, J.

Jaime Garcia Villaneuva (defendant) has appealed a judgment of conviction entered following his plea of guilty to one count of sale of a controlled substance (cocaine) in violation of Health and Safety Code section 11352. The trial court denied probation and sentenced defendant to a three-year term. Defendant received credit for 91 days. Defendant has appealed his sentence, contending that the trial court improperly failed to state reasons for denying probation and sentencing him to state prison. We disagree and shall affirm.

Facts

In February 1990, an informant contacted Detective Roger Sosa of the City of Riverside Police Department and informed him that an individual identifying himself as “Perico” was interested in contacting others who wanted to purchase large amounts of cocaine. “Perico," later identified as defendant, had told the informant that he would sell as many as five kilograms of cocaine at $19,500 per kilogram.

Working undercover, Detective Sosa contacted defendant and arranged to meet him in Fairmont Park on March 9, 1990. At the meeting, defendant told Sosa that he could deliver from three to five kilograms of cocaine to Sosa through his drug…

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