Cuevas

People v. Cuevas

Good Law
1996 Cal. App. LEXIS 1151·51 Cal. App. 4th 620·59 Cal. Rptr. 2d 146·96 Daily Journal DAR 14843·96 Cal. Daily Op. Serv. 8989
Court of Appeal of CaliforniaDecember 11, 1996Docket Nos. B096632, B102411California2,125 words

Opinion

Opinion

Woods, J.

Appellant, relying upon Kellett v. Super Court (1966) 63 Cal.2d 822 [ 48 Cal.Rptr. 366 , 409 P.2d 206 ], contends the instant prosecution (Super. Ct. No. PA016482) for cocaine sales on February 18, 1992, and February 27, 1992, was barred by the prosecutor’s failure to charge these offenses in an earlier prosecution (People v. Cuevas (Super. Ct. L.A. County, No. VAO14993)) for possession of cocaine for sale. We find Kellett inapplicable and the instant prosecution not barred by appellant’s earlier possession of cocaine for sale conviction. (Pen. Code, § 654.) Accordingly, we reject appellant’s ineffective assistance of counsel claim, deny her habeas corpus petition and affirm the judgment.

Factual and Procedural Background

In March 1991 a multiagency task force began a narcotics investigation of appellant and others. The agencies included the United States Department of Justice, Drug Enforcement Administration (DEA), United States Customs, Anaheim Police Department, California Department of Justice, Bureau of Narcotic Enforcement (BNE) and other police agencies in Los Angeles County. The investigation involved at least 15 suspects and 12 residences. During the…

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