Gooch
People v. Gooch
Opinion
Opinion
Haller, J.
Thomas L. Gooch appeals the judgment on his conviction of transporting methamphetamine (Health & Saf. Code, § 11379, subd. (a)).
On April 12,1993, San Diego Police Officer Spear detained Gooch after observing him driving a pickup with expired license tags. After Gooch told Spear his driver’s license was suspended, the officer arrested Gooch for driving without a driver’s license. Spear searched Gooch and found in his pocket a baggie containing 3.8 grams of methamphetamine and $2,410. Gooch entered a negotiated guilty plea to transporting methamphetamine. The plea bargain included a three-year middle term lid and dismissal/striking of other charges and allegations. The court sentenced Gooch to serve the three-year middle term and at Gooch’s request, stayed execution for three weeks. Gooch did not appear on the report date. Thereafter, he was arrested and sentenced to serve four years. Gooch contends the court erred in imposing the four-year sentence.
Gooch argues the trial court lacked jurisdiction to increase the sentence after entering judgment; the increased sentence is not based on an enhancement pleaded and proven or admitted; and the increased sentence violates the…