Portillo

Portillo v. Superior Court

Good Law
10 Cal. App. 4th 1829·13 Cal. Rptr. 2d 709·1992 Cal. App. LEXIS 1356·92 Daily Journal DAR 15612·92 Cal. Daily Op. Serv. 9468
Court of Appeal of CaliforniaNovember 20, 1992D017017California2,388 words

Opinion

Opinion

Huffman, J.

Benigno A. Portillo pleaded guilty to possessing methamphetamine (meth) for sale (Health & Saf. Code, § 11378) and admitted a presumptive prison allegation (Pen. Code, § 1203.073, subd. (b)(2)) [possessing over 28.5 grams of meth]) and a three-year enhancement (Health & Saf. Code, § 11370.4, subd. (b)(1) [the meth exceeded three pounds]).

On April 16, 1991, the trial court denied probation and sentenced Portillo to prison for five years, consisting of the two-year middle term for the substantive drug offense and a consecutive three years for the enhancement.

Portillo filed a notice of appeal in propria persona on June 11, 1991, claiming he was denied the effective assistance of counsel on various grounds concerning his plea and requested the appointment of appellate counsel.

On July 11, 1991, Portillo, again in propria persona, filed motions for sentence modification under sections 1170, subdivision (d), 1181, and 1260, and for copies of the reporter’s transcripts, clerk’s transcript, and judgment roll in his case. He also filed a petition for habeas corpus relief challenging his plea bargain.

On July 18, 1991, the trial court denied Portillo’s motions and petition…

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