Meza

People v. Meza

Bad Law
1995 Cal. App. LEXIS 996·38 Cal. App. 4th 1741·45 Cal. Rptr. 2d 844·95 Daily Journal DAR 13830·95 Cal. Daily Op. Serv. 8077
Court of Appeal of CaliforniaOctober 12, 1995G015476California2,239 words

Opinion

Opinion

Rylaarsdam, J.

Apprehended in a car containing over 32 kilograms of cocaine, Donato Pena Meza and Rosario Molina Labrada were convicted of possessing cocaine for sale (Health & Saf. Code, § 11351, subd. (a); all statutory references are to the Health and Safety Code unless otherwise specified) and transporting cocaine (§ 11352, subd. (a)). The jury also found true an allegation the cocaine weighed over 20 kilograms (§ 11370.4, subd. (a)). Meza challenges the sufficiency of the evidence supporting his conviction on the substantive charges. Both defendants contend the trial court was obligated to instruct the jury that it could not find the enhancement true unless they knew the quantity of cocaine exceeded 20 kilograms. Alternatively, they claim their trial attorneys were incompetent by failing to request such an instruction. Finally, both defendants contend the trial court erred in determining their presentence credits.

Facts

Police officers conducted a narcotics surveillance of a house. Around 10:15 a.m., an unidentified individual left the rear of the residence and drove away in a pickup truck. The vehicle was registered to Labrada at that residence.

About noon, another man left the…

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