People v. Ozuna CA5

FACTS

On July 3, 2013, at approximately 12:44 p.m., Sanger Police Officer Abraham Ruiz discovered 17 marijuana plants growing in Ozuna’s backyard. Ozuna admitted that the plants were his and that he did not have a “marijuana card” (case No. F13912225). On January 9, 2015, at approximately 10:15 a.m., Sanger police officers responded to a vacant warehouse on a call of a possible burglary. One of the officers arrested Justin Torres at the warehouse. Ozuna was arrested in a nearby shopping center. During a postarrest interview, Ozuna admitted having been in the warehouse (case No. F15900433). On November 20, 2014, the Fresno County District Attorney filed an amended information in case No. F13912225 charging Ozuna with cultivation of marijuana, a prior prison term enhancement (§ 667.5 subd. (b)) and with having a prior conviction within the meaning of the three strikes law (§ 667, subds. (b)-(i)). That same day Ozuna pled no contest to cultivation of marijuana and admitted the other allegations.

All further statutory references are to the Penal Code, unless otherwise indicated.

2 On February 18, 2015, the district attorney filed an information in case No. F15900433 charging…