Santana
People v. Santana
Opinion
Opinion
Klein, J.
Defendant and appellant Juan Santana appeals the judgment, entered after conviction by jury, of possession for sale of methamphetamine exceeding 10 kilograms by weight and possession for sale of cocaine. (Health & Saf. Code, §§ 11378, 11370.4, subd. (b)(3), 11351.) As to both counts, the jury found a principal had been armed in the commission of the offense within the meaning of Penal Code section 12022, subdivision (d). The trial court sentenced Santana to a term of 13 years in state prison.
Summary Statement
The People’s evidence revealed Santana had been present at the scene of an anticipated sale of nine pounds of methamphetamine and that, 10 months later in a search of his home, deputies found a triple beam Ohaus scale and cash. Santana contends the evidence was insufficient to support his conviction, the trial court erroneously failed to instruct on the concurrence of act and intent, and the trial court improperly intervened to such an extent in the trial of the case that reversal is required. We reject Santana’s claim of insufficient evidence but agree the manner in which the trial court conducted the trial requires reversal of the judgment.