People v. Montoya CA5

STATEMENT OF THE CASE

Montoya was charged with transportation of heroin for sale (count 1; Health & Saf. Code, § 11352, subd. (a))1; possession of heroin for sale (count 2; § 11351); transportation of methamphetamine for sale (count 3; § 11379, subd. (a)); possession of methamphetamine for sale (count 4; § 11378); possession of heroin while possessing a firearm (count 5; § 11370.1, subd. (a)); possession of methamphetamine while possessing a firearm (count 6; 11370.1, subd. (a)); unauthorized use of a vehicle (count 7; Veh. Code, § 10851, subd. (a)); receiving a stolen vehicle (count 8; Pen. Code, § 496d, subd. (a)); and driving under the influence of a narcotic (count 9; Veh. Code, § 23152, subd. (f)). It was further alleged that Montoya was personally armed with a firearm (Pen. Code, §§ 1203.07, subd. (a)(2), 12022, subd. (a)(1)), possessed 14.25 grams or more of heroin (Pen. Code, § 1203.07, subd. (a)(2)), and possessed 57 grams or more of a substance containing methamphetamine (Pen. Code, § 1203.073, subd. (b)(2)). During trial, the trial court dismissed count 8, and a jury found Montoya guilty of the remaining counts and allegations. The trial court sentenced Montoya to a…