People v. Waugh CA1/5

I. BACKGROUND

The Marin County District Attorney filed a second amended information against Waugh that consolidated four separate cases for alleged offenses occurring between October 2009 and April 2012. Counts 1 through 4 alleged that Waugh possessed methamphetamine, cocaine, and Oxycontin for sale in violation of Health and Safety Code sections 11351 and 11378;1 counts 5, 7, 8, and 9 alleged that he possessed Oxycontin and methamphetamine in violation of subdivision (a) of sections 11350 and 11377; and count 6 alleged that Waugh brought a controlled substance into a correctional

1 Undesignated statutory references are to the Health and Safety Code.

1 facility in violation of Penal Code section 4573. As to counts 1 through 4, the information alleged that Waugh was subject to sentencing enhancements under section 11370.2, subdivision (b) as a result of having suffered five prior felony convictions for various drug offenses, and that he was ineligible for probation on counts 1 and 2 under Penal Code section 1203.07, subdivision (a)(11) as a consequence of those prior convictions. It was further alleged that Waugh was on bail at the time of the offenses charged in counts 5,…