People v. Hannigan CA2/5

Facts Around noon on September 28, 2012, Lilah Bazurto drove from her house in Duarte to appellant’s house in Glendora with about ten pounds of methamphetamine.

1 The jury found true the allegation that co-conspirator Juan Rocha agreed to sell 10 pounds of methamphetamine for $6,800 a pound, an overt act. The jury made no finding on the second specified overt act, which allegedly occurred when co-conspirators appellant, Rocha, Lilah Bazurto and Juan Lopez “flashed” ten pounds of methamphetamine for a buyer to see at a gas station. Appellant appears to understand the jury’s failure to check either the True or Not True option as the equivalent of a not true finding. We do not agree. The verdict form stated that the jury found “at least one of the following overt acts to be true[.]” Since the jury found the first overt act true, the jury may simply have never considered the second alleged act of flashing. 2 Pitchess v. Superior Court (1974) 11 Cal.3d 531. 2 Appellant and Bazurto are sisters. At appellant’s house, Bazurto transferred a white handbag containing the methamphetamine directly from the vehicle she arrived in to appellant’s Nissan Xterra. Appellant drove Bazurto in the…