People v. Zamudio CA2/8

INTRODUCTION

Defendant Caesar Zamudio appeals following his conviction of possession for sale of cocaine base and possession for sale of methamphetamine. Defendant asserts on appeal: (1) there was insufficient evidence to support a conviction of possession for sale of methamphetamine; (2) the trial court abused its discretion in denying defendant’s motion to strike a prior conviction; (3) the trial court imposed an excessive sentence as punishment for defendant’s demand for a jury trial, in violation of his state and federal due process rights; and (4) the trial court erred in imposing two sentence enhancements under Health and Safety Code 11370.2.1 We affirm the judgment.

FACTUAL AND PROCEDURAL HISTORY

On November 8, 2012, Detective Robert Riske, a narcotics officer, conducted an investigation in response to complaints about drug sales in Wilmington. Detective Riske circled the area and came upon defendant standing with others on a street corner. Riske parked his car at a distance and observed defendant through binoculars. Two men approached defendant; one handed defendant an unknown object. Defendant walked a short distance away. While walking, he reached into his pants and…