P.

P. v. Lucero CA4/2

Good Law
Court of Appeal of CaliforniaMarch 13, 2013E055819California1,668 words

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.)

On February 23, 2010, defendant entered a plea of guilty…

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