Mena

Defendant Javier Mena was one of five people arrested as they left a hotel room at a Ramada Inn in Norwalk, California. In a search of the room, police found large quantities of methamphetamine, items related to methamphetamine sales, and a .45-caliber pistol concealed in a hamper located between the bedroom and living room areas. The jury convicted defendant of possession of methamphetamine while armed with a firearm (Health & Saf. Code, § 11370.1, subd. (a), count 3), but deadlocked on the charge of possession of methamphetamine for sale (Health & Saf. Code, § 11378, count l). After the trial court dismissed the possession for sale charge, defendant admitted 10 prior convictions under the “Three Strikes” law (Pen. Code, §§667, subds. (b)-(i), 1170.12, subds. (a)-(d)). In a bifurcated nonjury trial, the court found an eleventh prior “strike” conviction true. The court sentenced defendant to 25 years to life in state prison.

Defendant appeals from the judgment of conviction. He contends: (1) the trial court erroneously instructed on the “armed” element of count 3, possession of methamphetamine while armed with a firearm; (2) the court erred in failing to instruct on…