People v. Zubeldia CA5

STATEMENT OF THE CASE

The Kern County District Attorney filed an information charging Zubeldia with transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a); count 1), possession of methamphetamine for sale (Health & Saf. Code, § 11378; count 2), possession of ammunition by a prohibited person (§ 30305, subd. (a)(1); count 3), using or being under the influence of methamphetamine (Health & Saf. Code, § 11550, subd. (a); count 4), possession of a device used for injecting or smoking a controlled substance (Health & Saf. Code, § 11364; count 5), and driving under the influence of a drug (Veh. Code, § 23152, subd. (f); count 6). The information further alleged as to counts 1 through 3 that Zubeldia had suffered a prior strike conviction within the meaning of the Three Strikes law (§§ 667, subds. (c)—(j), 1170.12, subds. (a)—(e)), and that he had served six prior prison terms

Subsequent statutory references are to the Penal Code unless otherwise stated.

2. (§ 667.5, subd. (b)). However, the People dismissed the prison prior allegations before trial due to a change in the law. A jury convicted Zubeldia on counts 3, 4, 5, and 6. The jury acquitted him on count 1…