People v. Wong CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural Background In February 2016, a 47-count grand jury indictment charged defendants with conspiracy to possess marijuana for sale (count 1) and various other offenses arising from their operation of a storefront for the sale of marijuana. (Pen. Code, § 182, subd. (a)(1); Health & Saf. Code, § 11360, subd. (a).) Only five counts are at issue in this appeal: Count 4—maintenance of a place for unlawful activities involving controlled substances (Health & Saf. Code, § 11366); count 5—providing a space for the sale of a controlled substance (Health & Saf. Code, § 11366.5, subd. (a)); and counts 7, 8, and 9—intentional tax evasion (Rev. & Tax. Code, § 7153.5).1 Defendants moved to dismiss counts 4, 5, 7, 8, 9, and several others under section 995, based on arguments substantially similar to those put forth on appeal. The trial court denied the motion as to the counts challenged here. In April 2018, as part of a plea agreement, defendants pleaded no contest to these charges and numerous other counts. The trial court reduced counts 1, 4, and 5 to misdemeanors under section 17, and suspended imposition of sentence. The court placed both…