P. v. Como CA4/1

Filed 8/7/13 P. v. Como CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D062702

Plaintiff and Respondent,

v. (Super. Ct. Nos. SCD183138, SCD198455) JEFFREY COMO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, David M.

Szumowski and Michael T. Smyth, Judges. Affirmed.

John L. Staley, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

Jeffrey J. Como appeals a judgment following his convictions of selling or

furnishing a controlled substance, namely cocaine base (Health & Saf. Code, § 11352,

subd. (a)),1 and carrying a concealed weapon (former Pen. Code, § 12020, subd. (a)).

FACTUAL AND PROCEDURAL BACKGROUND

In 2004, Como was convicted of one count of carrying a concealed weapon

(former Pen. Code, § 12020, subd. (a)) in San Diego County Superior Court Case

No. SCD183138 (Case B). The trial court granted him probation for three years.

In 2006, Como handed cocaine base to codefendant Jimmy who, in turn, sold it to