People v. Le CA6

Filed 7/30/14 P. v. Le CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H039131

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1229586)

v.

OPHUS HUYNH LE,

Defendant and Appellant.

Defendant Ophus Huynh Le was convicted following a jury trial of manufacturing cocaine base (Health & Saf. Code, § 11379.6, subd. (a)), possession of cocaine base for sale (id., § 11351.5), possession of cocaine for sale (id., § 11351), and possession of methamphetamine for sale (id., § 11378). He was given a blended sentence pursuant to Penal Code section 1170, subdivision (h)(5)(B) of seven years in prison to be served in county jail and one year four months of supervised release. On appeal, defendant argues the…