People v. Trejo CA4/3

FACTS

In a felony complaint, the People charged defendant with two counts of possessing a controlled substance for sale (Health & Saf. Code, §§ 11378 methamphetamine, 11351 heroin) and alleged he committed the crimes for the benefit of 2 a criminal street gang (§ 186.22(b)(1)).

1 All statutory references are to the Penal Code unless otherwise stated. The order is appealable under section 1238, subdivisions (a)(1) and (a)(8). 2 The People also charged defendant with street terrorism, but the court dismissed that count on the People’s motion based on the People’s inability to proceed on that count following the Supreme Court’s decision in People v. Rodriguez (2012) 55 Cal.4th 1125 (conviction for street terrorism requires that a person commit an underlying felony with at least one other gang member). The People also alleged defendant had suffered prior serious felony convictions for which he served prison terms. After defendant pleaded guilty to possession of controlled substances for sale, the court stated it would exercise its discretion to strike defendant’s priors for purposes of sentencing.

2 Prior to the preliminary hearing (and without an evidentiary hearing of any kind),…