Balbuena

Ramiro Zepeda Balbuena was convicted of two violations of Health and Safety Code section 11351, possession of heroin for sale (count one) and possession of cocaine for sale (count two). As to both counts, the jury also found defendant was personally armed with a firearm in the commission of the crime. (Pen. Code, § 12022, subd. (c)). Defendant was sentenced to the middle term of three years on count one, with a three-year arming enhancement. On count two, the court imposed a concurrent term of three years and stayed the enhancement. We reverse the arming enhancement and remand for resentencing.

Facts

San Pablo police executed a search warrant on a house at approximately 8:45 a.m. They knocked on the front door and announced their presence several times, but eventually forced entry when they received no response. Between 30 seconds and 1 minute elapsed from the first announcement to entry; during that time, an officer heard someone walking inside the house.

The entry door opened onto the living room of the house. Officers found defendant and his wife lying on the floor several feet in front of them, near a door to the kitchen, which was to the left of the officers as…