Winters

On September 30, 1988, defendant waived his right to a preliminary examination in the West Kern Municipal Court on a charge of possession of methamphetamine for sale (Health & Saf. Code, § 11378). Thereafter, the Kern County District Attorney filed an information in superior court charging defendant with possession of methamphetamine for sale (Health & Saf. Code, § 11378).

Defendant initially moved to suppress evidence of the alleged offense (Pen. Code, § 1538.5), but on November 14, 1988, defendant withdrew his suppression motion.

On February 6, 1989, jury trial commenced in superior court. During trial, the superior court granted the People’s motion to amend the information by adding a charge of transportation of methamphetamine (Health & Saf. Code, § 11379). On February 9, 1989, the district attorney filed the amended information and the jury found defendant guilty of both counts.

On March 15, 1989, defendant’s motion for new trial was denied and the trial court denied defendant probation and sentenced him to the middle term of three years in state prison for transportation of methamphetamine (count II). The court imposed a concurrent two-year term on count I…