Portillo
Portillo v. Superior Court
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.