Arango
People v. Arango
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.…