Cattaneo

I. Procedural History

In this appeal, Richard Antonio Cattaneo challenges his convictions for sale, furnishing, or transportation of cocaine on the ground that the evidence was insufficient to support the convictions for aiding and abetting the sales of the controlled substance. He also contends that the trial court erred in denying him probation and in sentencing him to the midterm of four years. We have raised the issue of the lawfulness of the order staying the five-year enhancement that was imposed pursuant to Health & Safety Code section 11370.4, subdivision (a)(2). We affirm defendant’s convictions and the concurrent four year terms for cocaine sale. However, as will be noted, the order staying the enhancement is reversed and the case is remanded with directions to either strike or impose the enhancement.

Defendant was charged by information and found guilty by a jury of two counts of sale, furnishing, or transportation of a controlled substance in violation of Health and Safety Code section 11352. The jury also found the special allegations contained in count 2 that defendant sold 57 grams of a substance containing cocaine hydrochloride within the meaning of…