Garcia

The Case — Garcia

An information charged defendant Porfirio Martinez Garcia with four counts: count 1 — Penal Code section 182 (conspiracy to sell or transport a controlled substance); count 2 — Health and Safety Code section 11352 (transportation of a controlled substance); count 3 — Health and Safety Code section 11352 (sale of a controlled substance); and count 4 — Health and Safety Code section 11351 (possession of a controlled substance for purpose of sale). Each count also alleged the controlled substance weighed more than 3 pounds, in violation of Health and Safety Code section 11370.4, subdivision (a)(1), and amounted to more than 28.5 grams of cocaine hydrochloride, in violation of Penal Code section 1203.073, subdivision (b)(1).

A jury found Garcia guilty of counts 1 and 4, not guilty of counts 2 and 3, and the weight enhancement allegations to be true. The court sentenced him to the midterm of four years on count 1 (Pen. Code, § 182, conspiracy), a three-year consecutive enhancement based upon the weight of the contraband (Health & Saf. Code, § 11370.4, subd. (a)(1)), and to a concurrent three-year sentence for count 4 (Health & Saf. Code, § 11351, possession…