Delgadillo

*1572 Opinion

McKINSTER, Acting P. J.

Defendant Jorge Delgadillo appeals from the judgment entered following jury convictions for manufacturing methamphetamine (count 1), possessing analogs with the intent to manufacture methamphetamine (count 2), and possessing methamphetamine for sale (count 3). (Health & Saf. Code, §§ 11379.6, subd. (a), 11383, subd. (c)(1), 11378.) The jury further found true the allegation in connection with count 1 that defendant was personally armed with a firearm. (Pen. Code, § 12022, subd. (c).) 1 As to count 3, the jury found true the allegation that defendant possessed over one kilogram of methamphetamine. (Health & Saf. Code, § 11370.4, subd. (b)(1).)

Defendant raises various claims of error in this appeal. In the published portion of this opinion, we address and reject defendant’s challenge to the sufficiency of the evidence in support of the jury’s true finding on the section 12022, subdivision (c) enhancement for being personally armed with a firearm. In the unpublished portion, we address defendant’s remaining claims of error, all of which we conclude are meritless. In a related habeas corpus petition, which we also address in the unpublished…

I concur in the majority’s opinion on all of the issues raised with the exception of its conclusion there was sufficient evidence to support the Penal Code section 12022, subdivision (c) enhancement alleging defendant was personally armed with a firearm during the commission of the crime of manufacturing methamphetamine.

Defendant was convicted of manufacturing methamphetamine, possessing analogs with the intent to manufacture methamphetamine, and possessing *1576 methamphetamine for sale. He was also found guilty of being personally armed with a firearm in connection with manufacturing methamphetamine. (Pen. Code, § 12022, subd. (c).) It is this latter conclusion with which I disagree.

The evidence to support the personally armed allegation in connection with the manufacture of a controlled substance, in this case methamphetamine, was based upon the sheriff’s office search of defendant’s bedroom where it found two handguns located in the headboard of defendant’s bed and a shotgun in his bedroom closet. During that search the sheriff’s officer also found $40,000 in cash, electronic scales, some methamphetamine, and pseudoephedrine pills in a car parked in the front of…

Certified for Partial Publication. [*]

McKINSTER, Acting P.J.

Defendant Jorge Delgadillo appeals from the judgment entered following jury convictions for manufacturing methamphetamine (count 1), possessing analogs with the intent to manufacture methamphetamine (count 2), and possessing methamphetamine for sale (count 3). (Health & Saf.Code, §§ 11379.6, subd. (a), 11383, subd. (c)(1), 11378.) The jury further found true the allegation in connection with count 1 that defendant was personally armed with a firearm. (Pen.Code, § 12022, subd. (c).) [1] As to count 3, the jury found true the allegation that defendant possessed over one kilogram of methamphetamine. (Health & Saf.Code, § 11370.4, subd. (b)(1).)

Defendant raises various claims of error in this appeal. In the published portion of this opinion, we address and reject defendant's challenge to the sufficiency of the evidence in support of the jury's true finding on the section 12022, subdivision (c) enhancement for being personally armed with a firearm. In the unpublished portion, we address defendant's remaining claims of error, all of which we conclude are meritless. In a related habeas corpus petition, which we also…