Wandick

Statement of the Case

Defendant was convicted by jury of: (1) manufacture of rock cocaine (Health & Saf. Code, § 11379.6, subd. (a)—count one); (2) possession of rock cocaine for sale (Health & Saf. Code, § 11351.5—count two); (3) maintaining a place for the sale of controlled substances (Health & Saf. Code, § 11366—count three); and (4) possessing a firearm with an obliterated identification number (Pen. Code, § 12090—count four). The jury also found in connection with all counts that defendant was armed with a firearm (§ 12022, subd. (a)), and that all offenses were committed while defendant was out on bail for a prior felony (§ 12022.1). The court sentenced defendant to prison for a term of ten years and four months, which included a four-year enhancement pursuant to section 12022, subdivision (b) for the personal-arming allegation attached to count one.

Defendant makes three contentions on appeal: (1) the trial court committed reversible error by instructing the jury that possession of a weapon with a defaced serial number creates the presumption that the possessor defaced the number; (2) the enhancement imposed pursuant to section 12022, subdivision (b) must be…