People v. Nunez-Aguilar CA1/5

I. FACTUAL AND PROCEDURAL BACKGROUND2

On October 18, 2012, several police agents conducted a search of Nunez-Aguilar’s property. Outside the home the officers found 35 marijuana plants, and a few previously harvested plants. In the garage, the officers found 150 pounds of hanging, untrimmed marijuana plants. An additional 16 pounds of loose trimmed bud marijuana was located

Undesignated statutory references are to the Penal Code. The facts are taken from the probation report.

1 on drying racks and in other containers. The officers also found a loaded revolver, a semi-automatic handgun, a digital scale, a calculator, and $500. Nunez-Aguilar was charged, by information, with possession of marijuana for sale (Health & Saf. Code, § 11359; count one). The information also alleged that Nunez- Aguilar was armed with a firearm in the commission of the above offense (former § 12022, subd. (a)(1)). The information was later amended to charge Nunez-Aguilar with a lesser related offense of marijuana cultivation (Health & Saf. Code, § 11358; count two). In exchange for dismissal of count one and the firearm allegation, Nunez-Aguilar entered a plea of nolo contendere to count…