P.
P. v. Lucero CA4/2
Opinion
Opinion
INTRODUCTION
On February 11, 2010, an amended felony complaint charged defendant and
appellant Shawn Stephen Lucero with unlawfully transporting a controlled substance,
methamphetamine. (Health & Saf. Code, § 11379, subd. (a).)
The amended complaint included a sentencing enhancement under Penal Code
section 667.5, subdivision (b), alleging: (1) that defendant had previously been convicted
of receiving stolen property (Pen. Code, § 496) on May 25, 2005; burglary (Pen. Code,
§ 459) on August 2, 2002; and possession of a controlled substance (Health & Saf. Code,
§ 11377) on December 30, 2004; (2) that defendant had served a prison or county jail
term for these offenses; and (3) that defendant had not remained free of custody and
received a felony conviction during the five-year period following the conclusion of his
prison or county jail term.
The amended complaint also included an additional sentencing enhancement
under Health and Safety Code section 11370.2, subdivision (a), alleging that defendant
had been convicted of possessing a controlled substance for sale on May 30, 2002.
(Health & Saf., Code § 11378.)