People v. Garcia CA2/5

INTRODUCTION

A jury convicted defendant and appellant Satureno Dehorta Garcia of conspiracy to sell a controlled substance (methamphetamine) (Pen. Code, § 182, subd. (a)(1)), possession for sale of a controlled substance (methamphetamine) (Health & Saf. Code, § 11378), and offer to sell a controlled substance (methamphetamine) (Health & Saf. Code, § 11379, subd. (a)).1 The jury found true the special allegation as to each offense that the substance containing methamphetamine exceeded 1 kilogram (weight enhancement). (Health & Saf. Code, § 11370.4, subd. (b)(1).) The trial court struck the weight enhancement under Penal Code section 1385 as to all counts. It sentenced defendant to a term of four years in county jail for his offer to sell a controlled substance conviction and imposed and stayed, pursuant to Penal Code section 654, county jail terms of three and two years, respectively, for his conspiracy to sell a controlled substance and possession for sale of a controlled substance convictions. On appeal, defendant requests that we review the sealed transcript of the trial court’s in camera hearing on his discovery motion for certain information concerning an undercover informant…