Lopez

Jose Arranda Lopez appeals his conviction of conspiracy to sell methamphetamine (Pen. Code, § 182, subd. (a)(1); Health & Saf. Code, § 11379) and an enhancement based on a conspiracy to sell more than three pounds of methamphetamine (Health & Saf. Code, § 11370.4, former subd. (b)(1)). On appeal, Lopez contends the enhancement should be stricken because there was no evidence of any finished methamphetamine and because the jury did not return a special verdict form finding he was “substantially involved” in the conspiracy to sell methamphetamine. Lopez also contends his conspiracy conviction must be reversed because the jury failed to make an express finding that he committed one or more of the overt acts alleged. We find merit to Lopez’s argument about the applicability of the enhancement to this case and order it stricken. Otherwise we affirm.

Facts

A couple of days before February 27, 1992, a confidential informant met with Rodrigo Sewell and arranged to sell Sewell 30 pounds of ephedrine, a chemical used to manufacture methamphetamine. The informant told the narcotics task force, which arranged to have an undercover officer sell ephedrine to Sewell.

On February 27,…