People v. Austin

Defendants were convicted of possession of a controlled substance for sale (cocaine), robbery and conspiracy to commit robbery. In addition, defendant Wagner was convicted of conspiracy to possess a controlled substance for sale. We conclude Wagner’s conviction for conspiracy to possess a controlled substance for sale must be reversed due to insufficient evidence and the sentences of both defendants on the robbery convictions must be stayed pursuant to Penal Code section 654. In all other respects, the judgments are affirmed.

Facts and Proceedings Below

Deputy Sheriff Jose Romero, working undercover, was contacted by defendant Wagner about the possibility of purchasing cocaine. The two met for preliminary negotiations and Romero agreed to sell Wagner 15 kilograms of cocaine at $13,500 per kilo.

Deputy Romero and Wagner agreed to meet in a restaurant parking lot to carry out the sale. Romero met Wagner as agreed and got into Wagner’s car. Wagner showed Romero stacks of cash which Romero briefly examined and calculated to be approximately $190,000. Wagner told Romero he had an additional $10,000 under the seat. Romero then told Wagner he would go to a pay telephone and…