People v. Vivanco CA4/2

INTRODUCTION

On October 23, 2012, an information charged defendant and appellant Richard

Charles Vivanco1 with sale/transportation of a controlled substance, tar heroin under

Health and Safety code sections 11352, subdivision (a) (count 1); possession for sale of a

controlled substance, tar heroin under Health and Safety Code section 11351 (count 2);

possession of liquid heroin under Health and Safety Code section 11350, subdivision (a)

(count 3); possession of cocaine under Health and Safety Code section 11350,

subdivision (a) (count 4); possession of hydrocodone under Health and Safety Code

section 11350, subdivision (a) (count 5); possession of suboxone under Health and Safety

Code section 11377, subdivision (a) (count 6); under the influence of a controlled

substance under Health and Safety Code section 11550, subdivision (a) (count 7); and

possession of drug paraphernalia under Health and Safety Code section 11364.1 (count

8). In addition, sentence enhancements within the meaning of Health and Safety Code

section 11370.2 were alleged as to counts 1 and 2. Furthermore, defendant was alleged to

have incurred seven prison priors within the meaning of Penal Code…