Glenos

Defendant appeals from his convictions by a jury of manufacturing methamphetamine (Health & Saf. Code, § 11379.6, subd. (a); count I) and making space available for manufacturing methamphetamine (§ 11366.5, subd. (a); count II.)

Statement of Facts

On the morning of August 5, 1988, Robert Smith purchased 400 pounds of freon in Fresno. Smith intended to use this freon to manufacture methamphetamine. After loading the freon into his pickup truck, Smith drove to the foothills above North Fork in Madera County. Unbeknownst to Smith, he was being watched by Bureau of Narcotics Enforcement agents.

Smith’s destination was defendant’s property located at 777 Kinsman Flat. Defendant, who operated a backhoe service, lived on this property.

When Smith arrived on defendant’s property, he was met by his manufacturing partner, Joe Medeiros. The other equipment necessary for the methamphetamine manufacturing, including a portable generator, was already at the site. Smith had dropped off his trailer containing this equipment a day or two before.

After the equipment had been set up, but before the “cooking” had begun, Smith saw someone he knew as “John” drive in with a backhoe and…