Arango

People v. Arango

Good Law
12 Cal. App. 4th 450·15 Cal. Rptr. 2d 629·1993 Cal. App. LEXIS 25·93 Daily Journal DAR 569·93 Cal. Daily Op. Serv. 298
Court of Appeal of CaliforniaJanuary 12, 1993B054178California1,725 words

Opinion

Opinion

Woods, J.

Appellants Enrique Carlos Arango (Arango) and Pedro Antonio Rizo (Rizo) were charged with sale or transportation of cocaine (Health & Saf. Code, § 11352, subd. (a)), possession for sale of cocaine (§11351), and conspiracy to sell or transport cocaine (Pen. Code, § 182). A 10-year enhancement (the cocaine exceeded 25 pounds by weight) was alleged as to each charge (§ 11370.4, subd. (a)). After their motions to suppress evidence (Pen. Code, § 1538.5; Mun. Ct. Judge Larry P. Fidler) and set aside the information (Pen. Code, § 995; Super. Ct. Judge John H. Reid) were denied, appellants pled guilty to all three charges and admitted the 10-year enhancement allegations. Superior Court Judge Michael A. Tynan imposed his indicated sentence as to each appellant: the lower three-year term (§ 11352) plus a five-year enhancement (§ 11370.4, subd. (a)(2) [over ten pounds by weight of cocaine]), for a total state prison term of eight years. The court stayed the other counts and “struck” the 10-year, over 25 pounds by weight, enhancement (§ 11370.4, subd. (a)(3)).

The People appeal the sentence, and appellants Arango and Rizo appeal the denial of their motions to suppress evidence (Pen.…

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