Tinajero
People v. Tinajero
Opinion
Opinion
Harris, J.
Statement of the Case
On January 6, 1992, an information was filed in Tulare County Superior Court charging appellant Gerardo Cervantes Tinajero with felony sale or transportation of cocaine (Health & Saf. Code, § 11352) with an enhancement for a prior drug conviction within the meaning of Health and Safety Code section 11370.2, subdivision (a), and service of a prior prison term within the meaning of Penal Code section 667.5, subdivision (b).
On January 8, 1992, appellant was arraigned and pleaded not guilty. Appellant’s jury trial began on February 25, 1992. On February 27, appellant was found guilty. He waived his right to a jury trial as to the enhancements. The court found the Health and Safety Code section 11370.2, subdivision (a) enhancement to be true, and the Penal Code section 667.5, subdivision (b) enhancement not to be true. On March 26, 1992, the court denied probation and appellant was sentenced to the midterm of four years, with a consecutive term of three years for the enhancement.
On April 9, 1992, a timely notice of appeal was filed. On August 24, 1992, appellate counsel filed an opening brief pursuant to People v. Wende (1979) 25 Cal.3d 436 [ 158…