Montero

People v. Montero

Good Law
155 Cal. App. 4th 1170·2007 Cal. App. LEXIS 1642·66 Cal. Rptr. 3d 668
Court of Appeal of CaliforniaOctober 2, 2007C052423California2,625 words

Opinion

Opinion

Nicholson, J.

A jury convicted defendant Vincent Montero of possession of methamphetamine for sale (Health & Saf. Code, § 11378). The trial court also determined that defendant had previously been convicted of a serious felony (first degree burglary) and had served two prison terms. (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, 667.5, subd. (b).) The court sentenced defendant to a state prison term totaling six years: the doubled two-year middle term plus one year for each of the two prior prison terms.

Defendant appeals, alleging the following grounds for reversal:

We disagree with each of defendant’s contentions and affirm the judgment.

FACTS

Sacramento County sheriff’s deputies conducted a parole search of a residence and a detached garage on the property. The residence did not belong to defendant. The door to the garage was slightly opened, and officers could see a large male behind the door. They opened the door and saw two other males in the garage, one of whom was defendant standing toward the rear of the building. The officers directed the men to come out of the garage and get on the ground.

Detective Stephen Buccellato took control of defendant. Buccellato determined…

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