Herrera

Appellant, Martha Elena Herrera, and her codefendant, Juanita Hernandez (also referred to as Juana Hernandez), were jointly charged with two counts of transporting or selling methamphetamine in violation of Health and Safety Code section 11379, subdivision (a) (counts 1 and 2), and one count of possessing methamphetamine for sale in violation of Health and Safety Code section 11378 (count 3). Appellant was individually charged with possession of cocaine and methamphetamine in violation of, respectively, Health and Safety Code sections 11350, subdivision (a) and 11377, subdivision (a) (counts 4 and 7). Appellant entered not guilty pleas to each of these offenses and proceeded to jury trial. Her codefendant elected to enter guilty pleas rather than proceed to trial.

On the date set for appellant’s trial, counts 4 and 7 were dismissed on motion of the prosecutor. After a number of in limine motions were heard, the presentation of evidence began. Two days later, the jury found appellant guilty of the three remaining charges.

On February 18, 1999, appellant was denied probation and ordered imprisoned for the lower term of two years on count 1, the lower term of two years on…