Uribe

Appellants Joseph Raul Uribe (Uribe) and Jorge Adrian Nunez (Nunez) were each charged with one count of transportation of cocaine (Health & Saf. Code, § 11352) and one count of possession of cocaine for sale (Health & Saf. Code, § 11351). As to both counts it was alleged appellants were personally armed with a firearm within the meaning of Penal Code section 12022, subdivision (c), and as to Nunez it was further alleged he was armed with a firearm within the meaning of section 12022, subdivision (a). It was also alleged the cocaine weighed in excess of 28.5 grams within the meaning of section 1203.073, subdivision (b)(1).

After a series of unsuccessful pretrial and trial motions (the relevant ones to be detailed below) a jury convicted both appellants on both counts and found true all weapons allegations. The court denied Uribe’s motion for a new trial and sentenced Uribe to the midterm of four years on count one and to the midterm of four years on the appended section 12022, subdivision (c) allegations, for a total term of eight years. It also denied Nunez’s motion for a new trial and sentenced him to the low term of three years on count one and to the midterm of four…