Garza

Defendant Jaime Antonio Garza was charged by information with possession of cocaine for sale. (Health & Saf. Code, § 11351.) The information further alleged various prior felony convictions. A jury found defendant guilty of the new offense and, in a bifurcated proceeding, defendant admitted all the alleged priors. The trial court sentenced defendant to seven years in state prison, the sentence consisting of the middle term of three years on the new offense and four years for the priors.

Defendant argues on appeal that (1) he was denied effective assistance of counsel due to his trial counsel’s failure to move for disclosure of the surveillance location; (2) the court committed reversible error by failing to give CALJIC No. 2.71 sua sponte; (3) the court prejudicially erred by giving CALJIC No. 2.11.5; and (4) the ordered drug program fee and restitution fine should be set aside.

In regard to the ineffective assistance of counsel claim, defendant separately filed during the pendency of this appeal a petition for a writ of habeas corpus. We resolved to consider that petition together with this appeal.

We affirm the judgment, remand for resentencing, and deny the habeas…